Case: Kariye v. Mayorkas

2:22-cv-01916 | U.S. District Court for the Central District of California

Filed Date: March 24, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit challenged U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI) policies which subjected Muslim Americans to questioning about their religion. After these interrogations, border officers retained the answers in a law enforcement database for up to 75 years. The plaintiffs asserted that this questioning was part of a broader 20-year practice of border officials targeting Muslim American travelers because of their religion. On March 24, 2022, the plaint…

This lawsuit challenged U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI) policies which subjected Muslim Americans to questioning about their religion. After these interrogations, border officers retained the answers in a law enforcement database for up to 75 years. The plaintiffs asserted that this questioning was part of a broader 20-year practice of border officials targeting Muslim American travelers because of their religion. On March 24, 2022, the plaintiffs, three Muslim U.S. citizens who faced this questioning after returning home from trips abroad, filed this suit in in the U.S. District Court for the Central District of California. Represented by the ACLU, the ACLU of Minnesota, and the ACLU of Southern California, the plaintiffs sued the Secretary of the U.S. Department of Homeland Security, the Commissioner of CBP, the Acting Director of ICE, and the Acting Executive Associate Director of Homeland Security Investigations. The plaintiffs sought declaratory and injunctive relief, alleging that the questioning violated their First Amendment freedoms of religion and association, as well as the Religious Freedom Restoration Act (RFRA). In addition, because CBP and HSI specifically singled out Muslim Americans for such questioning, the plaintiffs claimed that they also violated the First and Fifth Amendments’ protections against unequal treatment on the basis of religion. 

The case was assigned to Judge Otis D. Wright II. The case is ongoing. 

Summary Authors

Devon Schmidt (4/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63183311/parties/kariye-v-mayorkas/


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Documents in the Clearinghouse

Document
1

2:22-cv-01916

Complaint for Injunctive and Declaratory Relief

March 24, 2022

March 24, 2022

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63183311/kariye-v-mayorkas/

Last updated May 2, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: ACACDC-32999794 - Fee: $402, filed by Plaintiffs Abdirahman Aden Kariye, Hameem Shah, Mohamad Mouslli. (Attorney Mohammad K Tajsar added to party Abdirahman Aden Kariye(pty:pla), Attorney Mohammad K Tajsar added to party Mohamad Mouslli(pty:pla), Attorney Mohammad K Tajsar added to party Hameem Shah(pty:pla))(Tajsar, Mohammad) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Tajsar, Mohammad) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
3

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Tajsar, Mohammad) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
4

NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Tajsar, Mohammad) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
5

NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Gail J. Standish. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
6

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
7

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
8

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
9

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ashley Gorski. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
10

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Scarlet Kim. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
11

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sarah Taitz. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
12

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Daniel Mach. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
13

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Teresa Nelson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
14

APPLICATION of Non-Resident Attorney Ashley Gorski to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015515) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
15

APPLICATION of Non-Resident Attorney Sarah Taitz to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015517) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
16

APPLICATION of Non-Resident Attorney Scarlet Kim to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015520) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
17

APPLICATION of Non-Resident Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015522) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
18

APPLICATION of Non-Resident Attorney Teresa J. Nelson to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015526) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
19

MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II Counsel are STRONGLY encouraged to review the Central District's website for additional information. See minute order for details. (lom) Modified on 3/28/2022 (lom). Modified on 3/31/2022 (lom). (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
20

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ashley Gorski to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015515) 14, APPLICATION of Non-Resident Attorney Scarlet Kim to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015520) 16 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state bars to which the applicant has been admitted are not listed. (lt) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
21

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Teresa J. Nelson to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33015526) 18 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state bars to which the applicant has been admitted are not listed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state bar listed to which the applicant has been admitted. (lt) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
22

ORDER by Judge Otis D. Wright, II: granting 15 Non-Resident Attorney Sarah M. Taitz APPLICATION to Appear Pro Hac Vice on behalf of Abdirahman Aden Kariye, Mohamad Mouslli and for Hameem Shah, designating Mohammad K. Tajsar as local counsel. (lom) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
23

ORDER by Judge Otis D. Wright, II: granting 17 Non-Resident Attorney Daniel Mach APPLICATION to Appear Pro Hac Vice on behalf of Abdirahman Aden Kariye, Mohamad Mouslli and for Hameem Shah, designating Mohammad K. Tajsar as local counsel. (lom) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
24

ORDER by Judge Otis D. Wright, II: denying 14 Non-Resident Attorney Ashley Gorski APPLICATION to Appear Pro Hac Vice on behalf of Abdirahman Aden Kariye, Mohamad Mouslli, and Hameem Shah. See order for details. (lom) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
25

ORDER by Judge Otis D. Wright, II: denying 16 Non-Resident Attorney Scarlet Kim APPLICATION to Appear Pro Hac Vice on behalf of Abdirahman Aden Kariye, Mohamad Mouslli, and Hameem Shah. See order for details. (lom) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
26

Second APPLICATION of Non-Resident Attorney Ashley M. Gorski to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Previously Paid on 3/28/2022, Receipt No. ACACDC-33015515) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

PACER
27

Second APPLICATION of Non-Resident Attorney Scarlet Kim to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Previously Paid on 3/28/2022, Receipt No. ACACDC-33015520) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

PACER
28

Second APPLICATION of Non-Resident Attorney Teresa J. Nelson to Appear Pro Hac Vice on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Pro Hac Vice Fee - $500 Previously Paid on 3/28/2022, Receipt No. ACACDC-33015526) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order) (Tajsar, Mohammad) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

PACER
29

ORDER by Judge Otis D. Wright, II: granting 18 28 Non-Resident Attorney Teresa J. Nelson APPLICATION to Appear Pro Hac Vice on behalf of Abdirahman Aden Kariye, Mohamad Mouslli and for Hameem Shah, designating Mohammad K. Tajsar as local counsel. (lom) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
30

ORDER by Judge Otis D. Wright, II: granting 27 Non-Resident Attorney Scarlet Kim APPLICATION to Appear Pro Hac Vice on behalf of Abdirahman Aden Kariye, Mohamad Mouslli and for Hameem Shah, designating Mohammad K. Tajsar as local counsel. (lom) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
31

ORDER by Judge Otis D. Wright, II: granting 26 Non-Resident Attorney Ashley M. Gorski APPLICATION to Appear Pro Hac Vice on behalf of Abdirahman Aden Kariye, Mohamad Mouslli and for Hameem Shah, designating Mohammad K. Tajsar as local counsel. (lom) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER

Appear Pro Hac Vice AND Appear Pro Hac Vice

April 7, 2022

April 7, 2022

PACER

Appear Pro Hac Vice

April 7, 2022

April 7, 2022

PACER
32

PROOF OF SERVICE Executed by Plaintiff Abdirahman Aden Kariye, Hameem Shah, Mohamad Mouslli, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to C. Veloz, person authorized to accept service. Executed upon the Attorney Generals Office of the United States by delivering a copy to Emily Sase, person authorized to accept service. Executed upon the officer agency or corporation by delivering a copy to person authorized to accept service. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (Tajsar, Mohammad) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
33

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed as to USA 32 . The following error(s) was/were found: It appears filer edited docket entry and erroneously removed service date and system calculation of answer due date etc. (Clerk has checked and answer due date was created on internal deadlines). Filer is advised not to remove CM system populated information in future filings. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

RECAP
34

ORDER OF THE CHIEF JUDGE (#OCJ 22-076) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Slaughter, Fred W., this case is transferred from Judge Otis D. Wright, II to the calendar of Judge Fred W. Slaughter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-01916-FWS-GJSx. (sn) (Entered: 04/21/2022)

April 20, 2022

April 20, 2022

RECAP
35

REASSIGNMENT ORDER by Judge Fred W. Slaughter: Please refer to Order for complete details. (jp) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

RECAP
36

STATEMENT Case Management filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah re: Order 35 . (Gorski, Ashley) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

RECAP
37

NOTICE of Appearance filed by attorney Leslie C Vigen on behalf of Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan (Attorney Leslie C Vigen added to party Steve K. Francis(pty:dft), Attorney Leslie C Vigen added to party Tae D. Johnson(pty:dft), Attorney Leslie C Vigen added to party Alejandro Mayorkas(pty:dft), Attorney Leslie C Vigen added to party Mark Morgan(pty:dft))(Vigen, Leslie) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

RECAP
38

CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
39

Joint STIPULATION to Exceed Page Limitation as to Motion to Dismiss filed by defendant Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan. (Attachments: # 1 Proposed Order)(Vigen, Leslie) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
40

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan. Motion set for hearing on 7/28/2022 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Vigen, Leslie) (Entered: 05/31/2022)

1

View on RECAP

May 31, 2022

May 31, 2022

PACER
41

ORDER by Judge Fred W. Slaughter Pursuant to stipulation 39, the briefing schedule for Defendants' forthcoming motion to dismiss shall be as follows: Defendants shall file their motion on 5/31/2022; Plaintiffs shall file their response on 6/27/2022; and Defendants shall file their reply on 7/14/2022. The memoranda of points and authorities in support of Defendants' motion and Plaintiffs response, respectively, shall not exceed 35 pages in length. (jp) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

RECAP
42

ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Fred W. Slaughter. Scheduling Conference set for 9/1/2022 at 9:00 a.m. See Order for details. (mku) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

RECAP
43

NOTICE OF MOTION AND MOTION to Continue Scheduling Conference from 9/1/2022 to at least 30 days after the issuance of an Order resolving Defendants' Motion to Dismiss filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan. Motion set for hearing on 7/28/2022 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: # 1 Declaration of Leslie Cooper Vigen, # 2 Proposed Order) (Vigen, Leslie) (Entered: 06/27/2022)

1

View on RECAP

2

View on RECAP

June 27, 2022

June 27, 2022

RECAP
44

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 40 filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. (Attachments: # 1 Proposed Order)(Gorski, Ashley) (Entered: 06/27/2022)

1 Proposed Order

View on RECAP

June 27, 2022

June 27, 2022

RECAP
45

EX PARTE APPLICATION to Exceed Page Limitation Reply Brief in Support of Defendants' Motion to Dismiss filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan. (Attachments: # 1 Proposed Order) (Vigen, Leslie) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
46

ORDER ON DEFENDANTS' EX PARTE APPLICATION TO EXPAND PAGE LIMITS 45 by Judge Fred W. Slaughter that the Application is GRANTED. The reply brief in support of Defendants' Motion to Dismiss 40 shall not exceed 20 pages in length. (jp) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
47

REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case 40 filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan. (Vigen, Leslie) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

RECAP
48

NOTICE of Change of Lead Counsel changing lead counsel from Mohammad K. Tajsar, Heather L. Weaver to Ashley M. Gorski. filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah, (Gorski, Ashley) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

RECAP
49

MINUTES OF Hearing on Defendant's Motion to Dismiss Case 40 and Defendant's Motion to Continue Scheduling Conference from 9/1/2022 to at least 30 days after the issuance of an Order resolving Defendants' Motion to Dismiss 43 held before Judge Fred W. Slaughter: Motion hearings held on Zoom. The Court hears oral argument from the parties. The Court takes the Motions under submission. Order to issue. Court Reporter: Debbie Gale. Attorneys for Plaintiff: Ashley Gorski; Attorneys for Defendant: Leslie Vigen. Courtroom Deputy: Melissa Kunig; Time in Court: 0:25. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER

Motion Hearing

July 28, 2022

July 28, 2022

PACER
50

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah.. (Gorski, Ashley) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

RECAP
51

SCHEDULING NOTICE by Judge Fred W. Slaughter: The court, on its own motion, hereby CONTINUES the Scheduling Conference set for 9/1/22 at 9:00 a.m. to *9/22/2022 at 9:00 a.m.*THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER

Text Only Scheduling Notice

Aug. 19, 2022

Aug. 19, 2022

PACER
52

Joint STIPULATION for Protective Order filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Mark Morgan.(Vigen, Leslie) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
53

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 52 . See Order for details. (es) (Entered: 09/14/2022)

Sept. 13, 2022

Sept. 13, 2022

RECAP
54

SCHEDULING NOTICE by Judge Fred W. Slaughter: The court, on its own motion, hereby CONTINUES the Scheduling Conference set for 9/22/22 at 9:00 a.m. to *10/13/2022 at 9:00 a.m.* THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER

Text Only Scheduling Notice

Sept. 19, 2022

Sept. 19, 2022

PACER
55

NOTICE of Appearance filed by attorney John H. Hemann on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Attorney John H. Hemann added to party Abdirahman Aden Kariye(pty:pla), Attorney John H. Hemann added to party Mohamad Mouslli(pty:pla), Attorney John H. Hemann added to party Hameem Shah(pty:pla))(Hemann, John) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
56

NOTICE of Appearance filed by attorney Hannah E. Pollack on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Attorney Hannah E. Pollack added to party Abdirahman Aden Kariye(pty:pla), Attorney Hannah E. Pollack added to party Mohamad Mouslli(pty:pla), Attorney Hannah E. Pollack added to party Hameem Shah(pty:pla))(Pollack, Hannah) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

RECAP
57

NOTICE of Appearance filed by attorney Brett Hom De Jarnette on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Attorney Brett Hom De Jarnette added to party Abdirahman Aden Kariye(pty:pla), Attorney Brett Hom De Jarnette added to party Mohamad Mouslli(pty:pla), Attorney Brett Hom De Jarnette added to party Hameem Shah(pty:pla))(De Jarnette, Brett) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
58

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT 40 by Judge Fred W. Slaughter, Defendants' Motion is GRANTED. Plaintiffs' claims are DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND. Should Plaintiffs desire to file an Amended Complaint that addresses the issues in this ruling, Plaintiffs must file and serve it within thirty (30) days of service of notice of ruling. (jp) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

RECAP
59

MINUTES SCHEDULING ORDER by Judge Fred W. Slaughter: The Court, having reviewed the pleadings and the parties' submissions pursuant to FRCP 26(f), VACATES the Scheduling Conference set for 10/13/2022 and sets the following schedule: Bench Trial set for 9/19/2023 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 9/7/2023 at 8:30 AM. Last Date to Hear Motion to Amend Pleadings/Add Parties: 12/15/2022. Non-Expert Discovery Cut-Off: 3/9/2023. Last Date to Hear Motions: 6/15/2023. Deadline to Complete Settlement Conference: 6/29/2023. Motions in Limine with Proposed Orders: 8/17/2023. Joint Proposed Final Pretrial Conference Order: 8/24/2023. (See document for further information). (jp) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

RECAP
60

ORDER ON PRETRIAL AND TRIAL PROCEDURES (CIVIL CASES) by Judge Fred W. Slaughter. (mku) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
61

FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiffs Abdirahman Aden Kariye, Hameem Shah, Mohamad Mouslli(Gorski, Ashley) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

RECAP
62

NOTICE of Appearance filed by attorney Elizabeth Sanchez Santiago on behalf of Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah (Attorney Elizabeth Sanchez Santiago added to party Abdirahman Aden Kariye(pty:pla), Attorney Elizabeth Sanchez Santiago added to party Mohamad Mouslli(pty:pla), Attorney Elizabeth Sanchez Santiago added to party Hameem Shah(pty:pla))(Santiago, Elizabeth) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
63

Notice of Appearance or Withdrawal of Counsel: for attorney Scarlet Kim counsel for Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. Scarlet Kim is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, and Hameem Shah. (Kim, Scarlet) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

RECAP
64

Joint STIPULATION for Extension of Time to File Response to Complaint filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Troy Miller, Mark Morgan. (Attachments: # 1 Proposed Order)(Attorney Leslie C Vigen added to party Troy Miller(pty:dft))(Vigen, Leslie) (Entered: 11/22/2022)

1

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Nov. 22, 2022

Nov. 22, 2022

RECAP
65

ORDER RE JOINT STIPULATION FOR BRIEFING SCHEDULE AND EXPANSION OF PAGE LIMITS 64 by Judge Fred W. Slaughter. Having read and considered the Parties Joint Stipulation for Briefing Schedule and Expansion of Page Limits 64 (the Application), and good cause appearing, the court ORDERS the following: 1. The briefing schedule for Defendants forthcoming Motion to Dismiss the First Amended Complaint (the Motion) shall be as follows: a. Defendants shall file the Motion on or before December 27, 2022. b. Plaintiffs shall file their response to the Motion on or before February 10, 2023. c. Defendants shall file their reply in support of the Motion on or before February 27, 2023. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

RECAP
66

NOTICE of Appearance filed by attorney Laurel Lum on behalf of Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Troy Miller (Attorney Laurel Lum added to party Steve K. Francis(pty:dft), Attorney Laurel Lum added to party Tae D. Johnson(pty:dft), Attorney Laurel Lum added to party Alejandro Mayorkas(pty:dft), Attorney Laurel Lum added to party Troy Miller(pty:dft))(Lum, Laurel) (Entered: 12/20/2022)

Dec. 20, 2022

Dec. 20, 2022

PACER
67

NOTICE of Appearance filed by attorney Samuel Rebo on behalf of Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Troy Miller (Attorney Samuel Rebo added to party Steve K. Francis(pty:dft), Attorney Samuel Rebo added to party Tae D. Johnson(pty:dft), Attorney Samuel Rebo added to party Alejandro Mayorkas(pty:dft), Attorney Samuel Rebo added to party Troy Miller(pty:dft))(Rebo, Samuel) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

PACER
68

Second NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Troy Miller. Motion set for hearing on 3/23/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Vigen, Leslie) (Entered: 12/27/2022)

1

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Dec. 27, 2022

Dec. 27, 2022

PACER
69

REQUEST FOR JUDICIAL NOTICE re Second NOTICE OF MOTION AND MOTION to Dismiss Case 68 filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Troy Miller. (Attachments: # 1 Exhibit A - McAleenan Memorandum, # 2 Exhibit B - CBP Standards of Conduct, # 3 Proposed Order)(Vigen, Leslie) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

RECAP
70

Memorandum in Opposition to Motion

1

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Feb. 11, 2023

Feb. 11, 2023

RECAP
71

REPLY in support of Second NOTICE OF MOTION AND MOTION to Dismiss Case 68 filed by Defendants Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Troy Miller. (Vigen, Leslie) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

RECAP
72

MINUTES OF Hearing on Defendant's Second Motion to Dismiss Case 68 held before Judge Fred W. Slaughter: Motion hearing held. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. Court Reporter: Miriam Baird. Attorneys for Plaintiff: Ashley Gorski, Mohamman Tajsar; Attorneys for Defendant: Leslie Vigen. Courtroom Deputy: Melissa H. Kunig; Time in Court: 0:37. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

PACER

Motion Hearing

March 23, 2023

March 23, 2023

PACER
73

[NOTICE OF CLERICAL ERROR ISSUED DATED ON 7/20/2023, SEE DOCKET ENTRY NO. 74 ] - MINUTES ORDER GRANTING Defendants' Motion to Dismiss 68 by Judge Fred W. Slaughter: Defendants' Motion is GRANTED. Plaintiffs' claims are DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND. Should Plaintiffs desire to file a Second Amended Complaint that addresses the issues in this ruling, Plaintiffs must file and serve it within thirty (30) days of service of notice of ruling. (MD JS-6. Case Terminated.) (See document for further information). (jp) Modified on 7/20/2023 (jp). (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
74

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minute Order Granting Motion to Dismiss 73 was docketed and closed in error. Administratively Reopen. (MD JS-5. Case Reopened.) (jp) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
75

Notice filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, Hameem Shah. of Intent Not to File a Second Amended Complaint (Gorski, Ashley) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
76

(IN CHAMBERS) ORDER by Judge Fred W. Slaughter: The court is in receipt of the Notice of Intent Not to File a Second Amended Complaint (Notice of Intent) filed by Plaintiffs Abdirahman Aden Kariye, Mohamad Mouslli, and Hameem Shah (collectively, Plaintiffs). (Dkt. 75 .) Plaintiffs state they elect not to file an amended pleading and request that the court enter a final judgment. (Id.) The court has not received a response to Plaintiffs Notice of Intent from Defendants Alejandro Mayorkas, Tae D. Johnson, Steve K. Francis, and Troy Miller (collectively, Defendants). (See generally Dkt.) Accordingly, the parties are ORDERED to each submit a proposed final judgment within seven (7) days of this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

PACER

Generic Text Only Entry

Aug. 15, 2023

Aug. 15, 2023

PACER
77

NOTICE OF LODGING filed with Proposed Judgment re Generic Text Only Entry,,, 76 (Attachments: # 1 Proposed Order)(Gorski, Ashley) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
78

NOTICE OF LODGING filed with Proposed Judgment re Generic Text Only Entry,,, 76 (Attachments: # 1 Exhibit Proposed Judgment)(Vigen, Leslie) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

PACER
79

Joint STIPULATION for Extension of Time to File Proposed Judgment filed by Defendant Steve K. Francis, Tae D. Johnson, Alejandro Mayorkas, Troy Miller. (Attachments: # 1 Proposed Order)(Vigen, Leslie) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

PACER
80

ORDER Re Joint Stipulation for Nunc Pro Tunc Extension of Time to File 79 by Judge Fred W. Slaughter, the court GRANTS the Stipulation and ORDERS the following: Defendants' deadline to submit a proposed final judgment is EXTENDED by one day, until 8/23/2023, nunc pro tunc. (jp) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
81

JUDGMENT by Judge Fred W. Slaughter, in favor of Alejandro Mayorkas, Steve K. Francis, Tae D. Johnson, Troy Miller against Abdirahman Aden Kariye, Hameem Shah, Mohamad Mouslli (MD JS-6, Case Terminated). (rolm) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

RECAP
81

JUDGMENT by Judge Fred W. Slaughter, in favor of Alejandro Mayorkas, Steve K. Francis, Tae D. Johnson, Troy Miller against Abdirahman Aden Kariye, Hameem Shah, Mohamad Mouslli (MD JS-6, Case Terminated). (rolm) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

RECAP
82

Notice of Appearance or Withdrawal of Counsel (G-123)

Sept. 15, 2023

Sept. 15, 2023

PACER
82

Notice of Appearance or Withdrawal of Counsel (G-123)

Sept. 15, 2023

Sept. 15, 2023

PACER
83

Appeal to 9th Circuit Court of Appeals

Sept. 18, 2023

Sept. 18, 2023

PACER
83

Appeal to 9th Circuit Court of Appeals

Sept. 18, 2023

Sept. 18, 2023

PACER
84

USCA Notification of Case Number

Sept. 20, 2023

Sept. 20, 2023

RECAP
84

USCA Notification of Case Number

Sept. 20, 2023

Sept. 20, 2023

RECAP
85

Designation of Record on Appeal

Oct. 17, 2023

Oct. 17, 2023

PACER
85

Designation of Record on Appeal

Oct. 17, 2023

Oct. 17, 2023

PACER

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Immigration and/or the Border

Key Dates

Filing Date: March 24, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three Muslim Americans questioned about their religion when returning to the U.S. from travel abroad

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the U.S. Department of Homeland Security, Federal

Commissioner of U.S. Customs and Border Protection, Federal

Director of U.S. Immigration and Customs Enforcement, Federal

Executive Associate Director of Homeland Security Investigations, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Religious programs / policies

Retaliation

Terrorism/Post 9-11 issues

Watchlist

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Religion discrimination

Immigration/Border:

Admission - procedure

Constitutional rights