Case: Emami v. Nielsen

3:18-cv-01587 | U.S. District Court for the Northern District of California

Filed Date: March 13, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of many legal challenges to the series of Trump's executive orders (EOs) known collectively as the "Travel Ban" or "Muslim Ban." This suit in particular challenged the waiver system that accompanied the ban, which was purportedly instated to prevent the EOs from arbitrarily denying people entry into the country. Twenty six individuals who had been denied a travel visa, or whose relatives had been denied a travel visa as a result of the EOs, filed this putative class action lawsuit i…

This is one of many legal challenges to the series of Trump's executive orders (EOs) known collectively as the "Travel Ban" or "Muslim Ban." This suit in particular challenged the waiver system that accompanied the ban, which was purportedly instated to prevent the EOs from arbitrarily denying people entry into the country.

Twenty six individuals who had been denied a travel visa, or whose relatives had been denied a travel visa as a result of the EOs, filed this putative class action lawsuit in the U.S. District Court for the Northern District of California (in San Francisco) on March 13, 2018. District Judge James Donato was assigned to the case. The plaintiffs sued the President; the U.S. Attorney General; the Department of Justice; the Secretary and Department of Homeland Security; the Secretary of State and the State Department; and the Director of National Intelligence along with the Office of the Director of National Intelligence. Plaintiffs brought this case against defendants under the Administrative Procedure Act (APA), alleging defendants violated the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act (INA). The plaintiffs, represented by the Immigrant Advocacy and Litigation Center, Public Counsel, and private counsel, sought injunctive and declaratory relief.

The plaintiffs alleged that the Trump Administration's failure to grant visas to individuals because of their nationality was unconstitutional. They argued the resulting separation of U.S. citizens and lawful permanent residents from their families was in contravention of Congress' purpose in the INA—promoting family reunification. Therefore, the government's actions amounted to an arbitrary and capricious act in violation of the APA.

The plaintiffs also argued that the government's refusal to consider applicants' eligibility for waivers on a case-by-case basis or develop meaningful guidance was, as a matter of law, arbitrary and capricious and therefore a violation of the APA. The plaintiffs further alleged that the government targeted individuals with discriminatory intent based on national origin without any lawful justification in violation of the Due Process and Equal Protection guarantees of the Fifth Amendment. First, the plaintiffs cited the lack of a provision for waivers coupled with the government’s blanket denials of visas to applicants targeted by EOs. Second, the plaintiffs cited statements made by government officials concerning their intent and the application of the travel ban. As a result, the plaintiffs asked the court to order the government to consider the plaintiffs' eligibility for waivers.

The plaintiffs requested the certification of two classes: "Family Member Class" and "Visa Applicant Class." The Family Member Class was defined as US citizens and permanent residents "with approved family-based visa petitions or whose family members have applied for visa categories covered by the ban, and whose family members have been or will be refused pursuant to the Proclamation without an opportunity to apply for and be meaningfully considered for a waiver or are awaiting adjudication of a waiver." The Visa Applicant Class is defined as "Iranian, Libyan, Somali, Syrian, and Yemeni nationals who have applied for immigrant or nonimmigrant visas that have been or will be refused pursuant to the Proclamation without an opportunity to apply for and be meaningfully considered for a waiver or are awaiting adjudication of a waiver."

The plaintiffs filed their first amended complaint on July 29, 2018, and the government moved to dismiss the complaint for failure to state a claim on September 12, 2018. On February 4, 2019, the court denied the motion to dismiss for the APA claim and granted the motion for the Fifth Amendment and mandamus claims. For the Fifth Amendment due process claim, the court held that the plaintiffs failed to allege any constitutionally protected right for either plaintiff class. The court found that the equal protection claim assumed the EOs unconstitutionally excluded Muslims or illegally discriminated on the basis of nationality, but that the Supreme Court had already decided that these travel orders passed rational basis review in Trump v. Hawaii. Based on this precedent, the district court held that the government’s national security justification for the EOs was sufficient to stand against an equal protection challenge. Lastly, the court dismissed the mandamus claim because the APA claim would go forward and therefore plaintiffs would not have exhausted all other avenues for relief to make a writ of mandamus appropriate. 365 F. Supp. 3d 1009.

The plaintiffs filed their second amended complaint on February 23, 2019. On February 26, 2019, the government moved to consolidate this case with Pars Equality Center v. Pompeo. After oral argument on April 11, 2019, the court denied the motion and decided to allow both cases to proceed, ordering the parties to work together to minimize duplication between the two cases.

In response to the second amended complaint, the government filed a motion to dismiss or obtain summary judgment on June 13, 2019. The motion argued the complaint should be dismissed for failure to state an actionable claim and that the existing waiver process was “not a sham” but rather an adequate procedure for the handling of thousands of visa applications.

A contentious period of discovery ensued throughout the rest of 2019 and into 2020. During this time, two plaintiffs voluntarily dismissed their claims on October 30, 2019.

On June 5, 2020, the court granted in part and denied in part the motion to dismiss following the same reasoning and outcome from the February 4, 2019, order that addressed the first amended complaint. The motion to dismiss was denied for the APA claim and granted for the Fifth Amendment and mandamus claims. In addition, the court denied summary judgment and denied the opportunity for another round of pleading amendments. 365 F. Supp. 3d. 1009.

Discovery continued through 2020. But the EOs at issue were revoked by Joe Biden on his first day in office, January 20, 2021. This revocation was announced by way of Proclamation 10141 which also ordered the State Department to resume processing visa applications from people affected by the EOs. The Proclamation instructed the Secretary of State to provide a report including the number of visa applicants being considered for a waiver of the Travel Ban EOs’ restrictions, a plan for “expeditiously adjudicating” these applications, a proposal to ensure the reconsideration of denied applications under the revoked EOs, and a plan to ensure that the cases of re-applicants were not to be prejudiced as a result of a previous visa denial resulting from the revoked EOs.

This change in executive policy prompted mootness rulings and withdrawals of claims in other actions arising out of the implementation of the EOs. On February 11, 2021, the government filed a notice to the district court informing it of two mootness rulings issued by the Ninth and Sixth Circuits on appeals from travel ban litigation following Biden’s inauguration day proclamation. (One of the cases they cited in this notice, Arab American Civil Rights League v. Trump, can be found here in the Clearinghouse.) In addition to notifying the court of these appellate decisions, the government asked the district court to dismiss the case.

Instead of dismissing the lawsuit on March 23, 2020, the court stayed proceedings pending DHS’ execution of President Biden’s January 20 Proclamation. The court also directed the parties to file a joint status update by June 7, 2021.

The parties filed their joint update on June 7, 2021. In the update, the parties explained why they had not reached a settlement. The plaintiffs claimed, among other things, that following the January 20 proclamation, the government invited them to reapply for visas, denying them the benefit of their earlier application date. On the other side, the government claimed that because the Proclamation undid the EOs that were the source of the harm experienced by the plaintiffs, that there was no live case or controversy for the district court to adjudicate.

On June 16, 2021, District Judge Donato set a status conference for September 2, 2021. The plaintiffs moved to lift the stay of proceedings on July 13, 2021, and the government filed its opposition to this motion on July 27, 2021.  On September 2, the court held a status conference and, on October 4, the parties filed a joint submission outlining their respective stances regarding which plaintiff's still had live claims.

On March 15, 2022, the court ordered that this case and Pars Equality Center be reopened. Defendants' request to dismiss the cases for mootness was denied without prejudice because of the application date issue raised by the plaintiffs. The parties were also instructed to file a stipulation of dismissal for any plaintiffs whom the parties agreed were not involved in any live controversy.

The case is ongoing.

Summary Authors

Michael Beech (3/30/2019)

Alex Moody (5/26/2020)

Lauren Yu (3/30/2021)

Esteban Woo Kee (8/8/2021)

Evan Gamza (5/21/2022)

Related Cases

Pars Equality Center v. Pompeo, Western District of Washington (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6533642/parties/emami-v-nielsen/


Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Asimow, Daniel B. (California)

Azmi, Nimra H. (District of Columbia)

Bauer, Mary Catherine (District of Columbia)

Callahan, Matthew W. (District of Columbia)

Evans, Eric (California)

Freedman, John A. (District of Columbia)

Lotfi, Shabnam (Wisconsin)

Romero, Luis Cortes (California)

Rosenbaum, Mark Dale (California)

Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Asimow, Daniel B. (California)

Azmi, Nimra H. (District of Columbia)

Bauer, Mary Catherine (District of Columbia)

Callahan, Matthew W. (District of Columbia)

Evans, Eric (California)

Freedman, John A. (District of Columbia)

Lotfi, Shabnam (Wisconsin)

Romero, Luis Cortes (California)

Rosenbaum, Mark Dale (California)

Saei, Joseph E (District of Columbia)

Shebaya, Sirine (District of Columbia)

Smith, Johnathan James (District of Columbia)

Sustic, Veronica (Wisconsin)

Attorneys(s) for Defendant

Flentje, August E. (District of Columbia)

Grant, Nicole Patrice (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kim, David (District of Columbia)

Martinez, P. Angel (District of Columbia)

Peachey, William Charles (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Young, Stacey Ilene (District of Columbia)

Documents in the Clearinghouse

Document

3:18-cv-01587

3:18-cv-07818

Docket [PACER]

July 13, 2021

July 13, 2021

Docket
1

3:18-cv-01587

Complaint

Emami v. Nielsen et al

March 13, 2018

March 13, 2018

Complaint
74

3:18-cv-01587

Order Re Motion to Dismiss

365 F.Supp.3d 1009

Feb. 4, 2019

Feb. 4, 2019

Order/Opinion
75

3:18-cv-01587

Second Amended Class Action Complaint

Feb. 23, 2019

Feb. 23, 2019

Complaint
98

3:18-cv-01587

Defendants' Notice of Motion; Motion to Dismiss Or, Alternatively, For Summary Judgment; And Memorandum in Support

Emami v. McAleenan

June 13, 2019

June 13, 2019

Pleading / Motion / Brief
152

3:18-cv-01587

Order Re Motions to Dismiss or for Summary Judgment

465 F.Supp.3d 991

June 5, 2020

June 5, 2020

Order/Opinion

Resources

Title Description External URL Date / External URL

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

President Joseph R. Biden

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

Jan. 20, 2021

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

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

United States

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

Oct. 24, 2017

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

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

President Donald Trump

Sept. 24, 2017

Sept. 24, 2017

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

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

Donald Trump

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

June 14, 2017

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

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

President Donald Trump

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

March 6, 2017

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

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

President Donald Trump

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

Jan. 27, 2017

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

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

Donald F. McGahn II, Counsel to the President

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

Feb. 1, 2017

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6533642/emami-v-nielsen/

Last updated Aug. 9, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link

Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety. Re: 69 Notice (Other),,, filed by Fathollah Tolou Beydokhti, Ismail Alghazali, Bamshad Azizi, Hojjatollah Azizikoutenaei, Maral Charkhtab Tabrizi, Soheil Vazehrad, Hoda Mehrabi Mohammed Abadi, Mahdi Afshar Arjmand, Nastaran Hajiheydari, Afrooz Kharazmi, Afshan Alamshah Zadeh, Khalil Ali Nagi, Khadija Aden, Mitra Farnoodian-Tedrick, Behnam Babalou, Mohammad Mehdi Mozaffary, Malik Almathil, Tannaz Toloubeydokhti, Roghayeh Azizikoutenaei, Aziz Altuhaif, Clyde Jean Tedrick, II, Ehsan Heidaryan, Farajollah Farnoudian, Bahram Charkhtab Tabrizi, Behnaz Malekghaeini, Najib Adi, Atefehossadat Motavaliabyazani, Ali Altuhaif, Abdurraouf Gseaa, Mohamad Hamami, Farangis Emami, Zahra Rouzbehani, Najmeh Maharlouei, Maryam Mozafari, Hezam Alarqaban, Sudi Wardere (hdjS, COURT STAFF) (Filed on 1/9/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER

Electronic Filing Error

Jan. 9, 2019

Jan. 9, 2019

PACER

Order

May 10, 2019

May 10, 2019

PACER

~Util - Terminate Motions

May 10, 2019

May 10, 2019

PACER

Order

May 14, 2019

May 14, 2019

PACER

~Util - Terminate Motions

May 14, 2019

May 14, 2019

PACER

Order

May 30, 2019

May 30, 2019

PACER

~Util - Terminate Motions

May 30, 2019

May 30, 2019

PACER

Order

June 4, 2019

June 4, 2019

PACER

Set Motion and Deadlines/Hearings

June 11, 2019

June 11, 2019

PACER

Order

June 11, 2019

June 11, 2019

PACER

Clerk's Notice

June 18, 2019

June 18, 2019

PACER

Order

June 21, 2019

June 21, 2019

PACER

Order

Sept. 11, 2019

Sept. 11, 2019

PACER

~Util - Set Deadlines/Hearings

Sept. 11, 2019

Sept. 11, 2019

PACER
123

Letter from Defendants Providing Status Update on Plaintiffs' Waiver Claims . (Kim, David) (Filed on 9/19/2019) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
124

NOTICE by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State (Attachments: # 1 June 2019 State Dep't Report on Waiver Process)(Kim, David) (Filed on 9/27/2019) (Entered: 09/27/2019)

1 June 2019 State Dep't Report on Waiver Process

View on PACER

Sept. 27, 2019

Sept. 27, 2019

PACER
125

NOTICE by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh re 104 Opposition/Response to Motion,,,,, Notice of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss etc. (Attachments: # 1 Memorandum Opinion)(Asimow, Daniel) (Filed on 9/27/2019) (Entered: 09/27/2019)

1 Memorandum Opinion

View on PACER

Sept. 27, 2019

Sept. 27, 2019

PACER
126

MOTION to Withdraw PLAINTIFFS SOHEIL VAZEHRAD AND ATEFEHOSSADAT MOTAVALIABYAZANI filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. Motion Hearing set for 11/21/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/23/2019. Replies due by 10/30/2019. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Azmi, Nimra) (Filed on 10/9/2019) (Entered: 10/09/2019)

1 Declaration

View on PACER

2 Exhibit

View on RECAP

3 Exhibit

View on RECAP

4 Proposed Order

View on PACER

Oct. 9, 2019

Oct. 9, 2019

RECAP
127

RESPONSE re 125 Notice (Other),,, by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State. (Kim, David) (Filed on 10/10/2019) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

RECAP
128

NOTICE by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Michael R. Pompeo, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of State of Supplemental Authority (Attachments: # 1 Exhibit Yavari et al v. Pompeo et al (CD. Cal.): Order Granting Defendants' Motion to Dismiss)(Martinez, P.) (Filed on 10/22/2019) (Entered: 10/22/2019)

1 Exhibit Yavari et al v. Pompeo et al (CD. Cal.): Order Granting Defendants'

View on PACER

Oct. 22, 2019

Oct. 22, 2019

PACER
129

OPPOSITION/RESPONSE (re 126 MOTION to Withdraw PLAINTIFFS SOHEIL VAZEHRAD AND ATEFEHOSSADAT MOTAVALIABYAZANI ) filed byL. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State. (Attachments: # 1 Attachment)(Kim, David) (Filed on 10/23/2019) (Entered: 10/23/2019)

1 Attachment

View on PACER

Oct. 23, 2019

Oct. 23, 2019

RECAP
130

RESPONSE re 128 Notice (Other), Plaintiffs' Response to Defendants' Notice of Supplemental Authority by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Freedman, John) (Filed on 10/29/2019) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

RECAP
131

NOTICE by L. Francis Cissna, Kevin K. McAleenan, Kirstjen Nielsen, Michael R. Pompeo, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of State re 98 MOTION to Dismiss MOTION for Summary Judgment of Updated Records Declaration in Administrative Record (Attachments: # 1 Exhibit Updated Records Declaration)(Martinez, P.) (Filed on 10/30/2019) (Entered: 10/30/2019)

1 Exhibit Updated Records Declaration

View on PACER

Oct. 30, 2019

Oct. 30, 2019

PACER
132

NOTICE of Voluntary Dismissal of Plaintiffs Soheil Vazehrad and Atefehossadat Motavaliabyazani's Claims by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh (Attachments: # 1 Proposed Order)(Azmi, Nimra) (Filed on 10/30/2019) (Entered: 10/30/2019)

1 Proposed Order

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Oct. 30, 2019

Oct. 30, 2019

RECAP
133

Discovery Letter Brief on Behalf of Emami and Pars Plaintiffs filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Freedman, John) (Filed on 11/8/2019) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

RECAP
134

ORDER re 133 Discovery Letter Brief. The Court calls for a response from defendants by November 25, 2019, following the same letter brief format as described in the Court's civil discovery standing order. Signed by Judge James Donato on 11/18/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 11/18/2019) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER

Order

Nov. 19, 2019

Nov. 19, 2019

PACER
135

Discovery Letter Briefin Response to Plaintiffs' November 8, 2019 Discovery Dispute Letter filed by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State. (Attachments: # 1 Declaration)(Kim, David) (Filed on 11/25/2019) (Entered: 11/25/2019)

1 Declaration

View on PACER

Nov. 25, 2019

Nov. 25, 2019

PACER
136

Discovery Letter Brief on Behalf of Emami and Pars Plaintiffs filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Freedman, John) (Filed on 12/2/2019) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

RECAP
137

ORDER re 132 Notice of Voluntary Dismissal. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, a stipulation of dismissal signed by all parties who have appeared is self-effectuating, and so there will be no court order adopting the stipulation. Signed by Judge James Donato on 12/4/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/4/2019) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER

Order

Dec. 4, 2019

Dec. 4, 2019

PACER
138

ORDER. For plaintiffs' discovery dispute letter filed at Dkt. No. 136, the Court calls for a response from defendants by December 30, 2019. The Court will take up both of the pending discovery dispute letters, Dkt. Nos. 133 & 136, in a telephonic discovery hearing on January 2, 2020, at 3:00 PM. The parties are directed to contact CourtCall at 866-582-6878 by December 31, 2019, to schedule their appearances. Signed by Judge James Donato on 12/20/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/20/2019) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER

Order

Dec. 21, 2019

Dec. 21, 2019

PACER

~Util - Set Hearings

Dec. 21, 2019

Dec. 21, 2019

PACER
139

MOTION to Continue January 2, 2020 Telephonic Discovery Hearing filed by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State. (Attachments: # 1 Proposed Order)(Kim, David) (Filed on 12/26/2019) (Entered: 12/26/2019)

1 Proposed Order

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Dec. 26, 2019

Dec. 26, 2019

PACER
140

ORDER granting 139 Motion to Continue. At the defendants' unopposed request, the telephonic discovery hearing that was previously set for January 2, 2020, is re-set for January 14, 2020, at 1:30 p.m. The parties are directed to contact CourtCall at 866-582-6878 by January 13, 2020, to schedule their appearances. Signed by Judge James Donato on 12/26/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/26/2019) (Entered: 12/26/2019)

Dec. 26, 2019

Dec. 26, 2019

PACER

1 - Terminate Deadlines and Hearings

Dec. 27, 2019

Dec. 27, 2019

PACER

~Util - Set Deadlines/Hearings

Dec. 27, 2019

Dec. 27, 2019

PACER

~Util - Terminate Motions

Dec. 27, 2019

Dec. 27, 2019

PACER

Order

Dec. 27, 2019

Dec. 27, 2019

PACER
141

Discovery Letter Brief in Response to Plaintiffs' December 2, 2019 Discovery Letter filed by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State. (Attachments: # 1 Exhibit Ex A - Declaration, # 2 Exhibit Ex B - Privilege logs)(Martinez, P.) (Filed on 12/30/2019) (Entered: 12/30/2019)

1 Exhibit Ex A - Declaration

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2 Exhibit Ex B - Privilege logs

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Dec. 30, 2019

Dec. 30, 2019

PACER
142

Letter from Defendants Regarding Unopposed Motion to Continue Jan. 2, 2019 Telephonic Hearing . (Kim, David) (Filed on 1/3/2020) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
146

Minute Entry for proceedings held before Judge James Donato: Telephone Conference held on 1/14/2020. (jdlc2S, COURT STAFF) (Date Filed: 1/14/2020) (Entered: 01/16/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
143

Letter from Defendants to Provide Court with Copy of Previously Referenced Alharbi Order . (Attachments: # 1 Attachment)(Kim, David) (Filed on 1/15/2020) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
144

NOTICE of Submission of Documents for In Camera Review by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State (Kim, David) (Filed on 1/16/2020) Modified on 1/16/2020 (gbaS, COURT STAFF). (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

RECAP
145

Letter from Defendants Providing Status Update on Plaintiffs' Waiver Claims (Jan. 16, 2020) . (Kim, David) (Filed on 1/16/2020) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

RECAP
147

Discovery Letter Brief filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Attachments: # 1 Exhibit Exhibit A (Depo. Tr. of Joel Nantais))(Evans, Eric) (Filed on 3/16/2020) (Entered: 03/16/2020)

1 Exhibit Exhibit A (Depo. Tr. of Joel Nantais)

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March 16, 2020

March 16, 2020

PACER
148

Letter from Defendants Providing Status Update on Plaintiffs' waiver applications. (Martinez, P.) (Filed on 3/18/2020) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

RECAP
149

ORDER re 147 Discovery Letter Brief. The Court calls for a response from defendants by April 23, 2020. Signed by Judge James Donato on 4/16/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 4/16/2020) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

Order

April 17, 2020

April 17, 2020

PACER
150

Letter from Defendants in Response to Plaintiffs' Letter Requesting Additional Questioning of Joel Nantais . (Attachments: # 1 Exhibit Joel Nantais Deposition Transcript)(Kim, David) (Filed on 4/21/2020) (Entered: 04/21/2020)

1 Exhibit Joel Nantais Deposition Transcript

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April 21, 2020

April 21, 2020

RECAP
151

Discovery Letter Brief filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Attachments: # 1 Exhibit Exhibit A Emami and Pars Plaintiffs' Third RFPs)(Azmi, Nimra) (Filed on 4/24/2020) (Entered: 04/24/2020)

1 Exhibit Exhibit A Emami and Pars Plaintiffs' Third RFPs

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April 24, 2020

April 24, 2020

PACER
152

ORDER RE MOTIONS TO DISMISS AND SUMMARY JUDGMENT. Signed by Judge James Donato on 6/5/2020. (jdlc2S, COURT STAFF) (Filed on 6/5/2020) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

Clearinghouse
153

ANSWER to 81 Corrected Second Amended Complaint by L. Francis Cissna, Daniel Coats, Kevin K. McAleenan, Kirstjen Nielsen, Office of the Director of National Intelligence, Michael R. Pompeo, Jefferson B. Sessions, III, Rex W. Tillerson, Donald J. Trump, Alex Tse, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, US Department of Homeland Security, US Department of Justice, US Department of State. (Martinez, P.) (Filed on 6/19/2020) Modified on 6/23/2020 (gbaS, COURT STAFF). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
154

Discovery Letter Brief filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Attachments: # 1 Exhibit A (Plaintiffs' First Interrogatories), # 2 Exhibit B (Plaintiffs' First RFPs), # 3 Exhibit C (Plaintiffs' Second RFPs), # 4 Exhibit D (Plaintiffs' Third RFPs))(Azmi, Nimra) (Filed on 7/15/2020) (Entered: 07/15/2020)

1 Exhibit A (Plaintiffs' First Interrogatories)

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2 Exhibit B (Plaintiffs' First RFPs)

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3 Exhibit C (Plaintiffs' Second RFPs)

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4 Exhibit D (Plaintiffs' Third RFPs)

View on PACER

July 15, 2020

July 15, 2020

PACER
155

MOTION for leave to appear in Pro Hac Vice (Filing fee $ 310.) Filing fee previously paid on 07/30/20 filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Bauer, Mary) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
156

ORDER granting 155 Motion for Pro Hac Vice as to Mary Bauer. (lrcS, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
157

Letter from Defendants Requesting Clarification on the Scope of Discovery . (Kim, David) (Filed on 8/6/2020) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
158

ORDER re Discovery Letter Briefs. The Court calls for a response by defendants to Dkt. Nos. 151 and 154, and a response by plaintiffs to Dkt. No. 157, by August 21, 2020. All responses should be in the letter brief format described in the Court's Standing Order for Civil Discovery. Signed by Judge James Donato on 8/7/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER

Order

Aug. 7, 2020

Aug. 7, 2020

PACER
159

Discovery Letter Brief filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Evans, Eric) (Filed on 8/17/2020) (Entered: 08/17/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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Aug. 17, 2020

Aug. 17, 2020

PACER
1

COMPLAINT For Injunctive Relief and Administrative Procedure Case against All Defendants with jury demand ( Filing fee $ 400, receipt number 0971-14843547.). Filed by OneAmerica, Coalition for Humane Immigrant Rights, Asian Counseling and Referral Service, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Catholic Legal Immigration Network, Inc., Immigrant Legal Resource Center, International Rescue Committee. (Attachments: # 1 Civil Cover Sheet)(Stretch, Brian) (Filed on 8/20/2020) Modified on 8/24/2020 (jmlS, COURT STAFF). (Entered: 08/20/2020)

1 Certificate/Proof of Service

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2 Civil Cover Sheet

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Aug. 20, 2020

Aug. 20, 2020

Clearinghouse
2

Proposed Summons. (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
3

NOTICE of Appearance by Naomi Ariel Igra (Igra, Naomi) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
4

NOTICE of Appearance by Chelsea B. Davis (Davis, Chelsea) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
5

MOTION for leave to appear in Pro Hac Vice of Samina Bharmal ( Filing fee $ 310, receipt number 0971-14843684.) filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bharmal, Samina) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
6

Corporate Disclosure Statement by Asian Counseling and Referral Service and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

1 Exhibit EXHIBIT A

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2 Exhibit EXHIBIT B

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3 Exhibit EXHIBIT C

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4 Exhibit EXHIBIT D

View on PACER

5 Exhibit EXHIBIT E

View on PACER

6 Exhibit EXHIBIT F

View on RECAP

7 Exhibit EXHIBIT G

View on PACER

8 Exhibit EXHIBIT H

View on PACER

9 Exhibit EXHIBIT I

View on PACER

10 Exhibit EXHIBIT J

View on PACER

11 Exhibit EXHIBIT K

View on PACER

12 Exhibit EXHIBIT L

View on PACER

13 Exhibit EXHIBIT M

View on PACER

14 Exhibit EXHIBIT N

View on PACER

15 Exhibit EXHIBIT O

View on PACER

16 Exhibit EXHIBIT P

View on PACER

Aug. 20, 2020

Aug. 20, 2020

PACER
7

Corporate Disclosure Statement by Coalition for Humane Immigrant Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
8

Corporate Disclosure Statement by Catholic Legal Immigration Network, Inc. and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
9

Corporate Disclosure Statement by East Bay Sanctuary Covenant and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
10

Corporate Disclosure Statement by Illinois Coalition for Immigrant and Refugee Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
11

Corporate Disclosure Statement by International Rescue Committee and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
12

Corporate Disclosure Statement by OneAmerica and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
13

Corporate Disclosure Statement by Immigrant Legal Resource Center and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
14

Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/4/2020. (cv, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
160

Letter from Defendants Responding to Plaintiffs' April and July 2020 Discovery Letters . (Kim, David) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
15

ORDER by Magistrate Judge Donna M. Ryu granting 5 Samina M. Bharmal's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
161

Discovery Letter BriefResponding to Defendants' Letter Brief at ECF 157 filed by Hoda Mehrabi Mohammed Abadi, Khadija Aden, Najib Adi, Hezam Alarqaban, Ismail Alghazali, Malik Almathil, Ali Altuhaif, Aziz Altuhaif, Mahdi Afshar Arjmand, Bamshad Azizi, Hojjatollah Azizikoutenaei, Roghayeh Azizikoutenaei, Behnam Babalou, Fathollah Tolou Beydokhti, Farangis Emami, Mitra Farnoodian-Tedrick, Farajollah Farnoudian, Abdurraouf Gseaa, Nastaran Hajiheydari, Mohamad Hamami, Ehsan Heidaryan, Afrooz Kharazmi, Najmeh Maharlouei, Behnaz Malekghaeini, Atefehossadat Motavaliabyazani, Maryam Mozafari, Mohammad Mehdi Mozaffary, Khalil Ali Nagi, Zahra Rouzbehani, Bahram Charkhtab Tabrizi, Maral Charkhtab Tabrizi, Clyde Jean Tedrick, II, Tannaz Toloubeydokhti, Soheil Vazehrad, Sudi Wardere, Afshan Alamshah Zadeh. (Evans, Eric) (Filed on 8/21/2020) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER

Electronic filing error. A maximum of THREE summons will be issued. Please list all defendants on ONE summons or multiple defendants on THREE summons and re-file in its entirety. Re: 2 Proposed Summons filed by Illinois Coalition for Immigrant and Refugee Rights, East Bay Sanctuary Covenant, International Rescue Committee, Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, OneAmerica, Asian Counseling and Referral Service (jmlS, COURT STAFF) (Filed on 8/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
16

MOTION for leave to appear in Pro Hac Vice Re: Jesse Bless (Filing fee $310, receipt number 0971-14850768) filed by East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bless, Jesse) (Filed on 8/24/2020) Modified on 8/25/2020 (cjlS, COURT STAFF). (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
17

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2020. Initial Case Management Conference set for 12/2/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
18

ORDER by Magistrate Judge Donna M. Ryu granting 16 Jesse Bless's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
19

Proposed Summons. (Stretch, Brian) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
20

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Kenneth T. Cuccinelli and Chad Wolf. (Stretch, Brian) (Filed on 8/24/2020) Modified on 8/24/2020 (jmlS, COURT STAFF). (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
21

NOTICE of Appearance by Julie Straus Harris (Straus Harris, Julie) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
22

Summons Issued as to Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf, U.S. Attorney and U.S. Attorney General. (jmlS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
23

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
24

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 8/24/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)

1 Declaration

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Aug. 24, 2020

Aug. 24, 2020

RECAP
25

ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 8/25/20. Joint Case Management Statement due by 11/27/2020. Initial Case Management Conference set for 12/4/2020 11:00 AM. (jjoS, COURT STAFF) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
26

CERTIFICATE OF SERVICE by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica re 1 Complaint,, (Stretch, Brian) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
27

MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. Motion Hearing set for 10/9/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 9/8/2020. Replies due by 9/15/2020. (Attachments: # 1 Declaration Brian J. Stretch, # 2 Exhibit 1-12 to Brian J. Strech Declaration, # 3 Exhibit 13-34 to Brian J. Stretch Declaration, # 4 Declaration Lawrence Benito, # 5 Declaration Olga Byrne, # 6 Declaration Michael Byun, # 7 Declaration Jeff Chenoweth, # 8 Declaration Douglas B. Rand, # 9 Declaration Duncan Lawrence, PhD., # 10 Declaration Michael Smith, # 11 Declaration Manuel Pastor Jr., # 12 Declaration Melissa Rodgers, # 13 Declaration Angelica Salas, # 14 Declaration Rich Stolz, # 15 Proposed Order)(Stretch, Brian) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
28

ORDER Requiring Delivery of Chambers Copies of 27 MOTION for Preliminary Injunction and Memorandum of Points and Authorities In Support Thereof, And Petition For Review and Request for Stay and 1 Complaint. Signed by Judge Jeffrey S. White on August 26, 2020. (jswlc2S, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

RECAP
29

NOTICE OF WITHDRAWAL OF CHELSEA DAVIS AS COUNSEL FOR PLAINTIFFS by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Davis, Chelsea) (Filed on 8/27/2020) Modified on 8/28/2020 (cjlS, COURT STAFF). (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
30

Joint MOTION to Modify Schedule filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica, Kenneth T. Cuccinelli, U.S. Citizenship & Immigration Services, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: # 1 Declaration of Brian J. Stretch, # 2 Proposed Order)(Stretch, Brian) (Filed on 8/27/2020) Modified on 8/28/2020 (cjlS, COURT STAFF). (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

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31

ORDER GRANTING AS MODIFIED 30 Joint Motion to Modify Schedule on 27 Plaintiff's Motion for a Preliminary Injunction. Opposition to Motion due by 12:00 p.m. 9/9/2020. Amicus Briefs due by 9/9/2020 at 12:00 p.m. Plaintiffs' Reply due by 9/15/2020 at 12:00 p.m. Defendants' Reply to Amicus Briefs due by 9/15/2020 at 12:00 p.m. Preliminary Injunction Hearing set for 9/25/2020 09:00 AM. Signed by Judge Jeffrey S. White on August 28, 2020. (jswlc3S, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

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32

MOTION for Leave to File Excess Pages filed by Constitutional Accountability Center. (Attachments: # 1 Proposed Order, # 2 Declaration)(Wydra, Elizabeth) (Filed on 9/3/2020) (Entered: 09/03/2020)

1 Declaration

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Sept. 3, 2020

Sept. 3, 2020

PACER
33

ORDER by Judge Jeffrey S. White granting 32 Motion for Leave to File Excess Pages. (jjoS, COURT STAFF) (Filed on 9/3/2020) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
34

MOTION for Leave to File as Amici Curiae in Support of Plaintiffs; Motion for Request for Excess Pages filed by Cato Institute. (Attachments: # 1 Proposed Order)(Rogge, Mark) (Filed on 9/8/2020) (Entered: 09/08/2020)

1 Affidavit Declaration of counsel

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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12 Exhibit Exhibit K

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13 Exhibit Exhibit L

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14 Exhibit Exhibit M

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15 Exhibit Exhibit N

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Sept. 8, 2020

Sept. 8, 2020

RECAP
162

NOTICE of Change In Counsel by Nimra Azmi (Azmi, Nimra) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: March 13, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of (originally 26) individuals who had been denied a travel visa, or whose relatives had been denied a travel visa as a result of President Trump's "Travel Ban" executive orders.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Muslim Advocates

National Immigration Project of the NLG

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

United States Department of Homeland Security, Federal

President of the United States, Federal

United States Department of State, Federal

Office of the Director of National Intelligence , Federal

U.S. Customs and Border Protection (Washington D.C.), Federal

U.S. Citizenship and Immigration Services (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Family reunification

Pattern or Practice

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Constitutional rights

Family Separation

Temporary visitors

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern