Case: Mourtaga v. Trump

1:24-cv-13038 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 19, 2024

Closed Date: Jan. 8, 2026

Clearinghouse coding complete

Case Summary

Nine Palestinian American plaintiffs filed suit against President Biden, Secretary of State Blinken, and Defense Secretary Austin on December 19, 2024, in the U.S. District Court for the Northern District of Illinois. The plaintiffs, comprising eight U.S. citizens of Palestinian national origin and one lawful permanent resident, alleged that the federal government discriminatorily failed to evacuate them and their families from Gaza while promptly evacuating Americans of other national origins …

Nine Palestinian American plaintiffs filed suit against President Biden, Secretary of State Blinken, and Defense Secretary Austin on December 19, 2024, in the U.S. District Court for the Northern District of Illinois. The plaintiffs, comprising eight U.S. citizens of Palestinian national origin and one lawful permanent resident, alleged that the federal government discriminatorily failed to evacuate them and their families from Gaza while promptly evacuating Americans of other national origins from the same conflict zone. Since the outbreak of conflict in Gaza on October 7, 2023, defendants allegedly evacuated Israeli Americans, Lebanese Americans, and others from comparable situations but abandoned Palestinian Americans despite their registration for evacuation assistance and legal eligibility. The plaintiffs claimed they remained trapped in dangerous conditions with limited food, water, and medical care. They brought claims under the Fifth Amendment's Equal Protection Clause and the Administrative Procedures Act, seeking declaratory and injunctive relief to compel emergency evacuation as well as attorneys' fees.

The was assigned to Judge Virginia M. Kendall under Magistrate Judge Laura K. McNally.

On March 6, 2025, plaintiffs filed a motion seeking a preliminary injunction. On the day their response was due, defendants filed a motion to dismiss the complaint for failure to state a claim along with their response to plaintiffs' motion. At the time of the June 3, 2025, hearing on the pending motions, only one plaintiff, Salsabeel ElHelou, remained in Gaza.

After the hearing, the court issued an opinion on January 8, 2026, dismissing the claims with prejudice for lack of jurisdiction based on the political question doctrine. The court reasoned that the case presented a non-justiciable political question because no clear statutory mandate existed for evacuation – relevant statutes contained discretionary language like "when necessary and feasible" rather than mandatory duties – and resolving the claims would require evaluating the executive branch's discretionary foreign policy decisions without judicially discoverable standards. Further, the court found that this case involved numerous facts not in evidence, and a number of questions that neither the court nor the parties could answer – such as what level of a coordination would be necessary between the U.S. and neighboring nations to facilitate the evacuations? Judge Kendall stated that, "endeavoring to answer these questions – and many more like them – from the comfort of chambers is both undoable and would also invade the political branches’ constitutionally committed tasks of determining when, how, and under what circumstances evacuations from war zones should proceed." The court distinguished the case from Noem v. Abrego Garcia, noting that unlike that case which involved a conceded illegal removal requiring only remedy determination, here the threshold determination of the right to relief was bound up with discretionary foreign policy decisions.

Summary Authors

Maddy Ligon (2/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69482306/parties/mourtaga-v-trump/


Judge(s)
Attorney for Plaintiff

Abbas, Gadeir Ibrahim (Illinois)

Elagha, Yasmeen (Illinois)

Attorney for Defendant

Altabet, Jason (Illinois)

Chicago, AUSA - (Illinois)

Expert/Monitor/Master/Other

Kari, Maria A. (Illinois)

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Documents in the Clearinghouse

Document
1

1:24-cv-13038

Complaint for Declaratory and Injunctive Relief

Mourtaga v. Biden

Dec. 19, 2024

Dec. 19, 2024

Complaint
36

1:24-cv-13038

Memorandum Opinion and Order

Jan. 8, 2026

Jan. 8, 2026

Order/Opinion

2026 WL 63084

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69482306/mourtaga-v-trump/

Last updated Feb. 21, 2026, 12:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Mohanad Alnajjar, Sahar Harara, Mariam Alrayes, Samia Abualreesh, Salsabeel Elhelou, Heba Enayeh, Khalid Mourtaga, Sawsan Kahil, Marowa Abusharia; Jury Demand. Filing fee $ 405, receipt number AILNDC-22863086.(Masri, Lena) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

Clearinghouse
2

ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Mohanad Alnajjar, et al is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee. (smb, ) (Entered: 12/20/2024)

Dec. 19, 2024

Dec. 19, 2024

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (rjm, )

Dec. 19, 2024

Dec. 19, 2024

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (rjm, )

Dec. 19, 2024

Dec. 19, 2024

3

ATTORNEY Appearance for Plaintiffs Khalid Mourtaga, Salsabeel Elhelou, Sahar Harara, Sawsan Kahil, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Heba Enayeh, Samia Abualreesh by Yasmeen Elagha (Elagha, Yasmeen) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

5

Local Rule 3.2 Annual Reminder Order

Dec. 31, 2024

Dec. 31, 2024

7

Appear Pro Hac Vice

Jan. 13, 2025

Jan. 13, 2025

8

Order on Motion to Appear Pro Hac Vice

Jan. 17, 2025

Jan. 17, 2025

10

MINUTE entry before the Honorable Virginia M. Kendall. Attorney Maria Kari's request to appear via Webex on 3/6/2025 at 9:30 AM due to being out state is approved. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. Mailed notice (lk, ) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

11

STATUS Report and Proposed Briefing Schedule (Joint) by Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga (Masri, Lena) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

12

ATTORNEY Appearance for Defendants Lloyd J. Austin III, Joseph R. Biden, Antony Blinken by Jason Altabet (Altabet, Jason) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

13

ATTORNEY Appearance for Defendants Lloyd J. Austin III, Joseph R. Biden, Antony Blinken by Olivia Grace Horton (Horton, Olivia) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

14

ATTORNEY Appearance for Plaintiffs Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga by Lena Fatina Masri (Masri, Lena) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

15

ATTORNEY Appearance for Plaintiffs Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga by Gadeir Ibrahim Abbas (Abbas, Gadeir) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

16

MOTION by Plaintiffs Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga for preliminary injunction and declaratory judgment (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Masri, Lena) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

18

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 3/6/2025 in person and via Webex. Plaintiffs advised a Motion for Preliminary Injunction and declaratory judgment would be filed. Due to clerical error, minutes were not entered regarding 3/6/2025 hearing. Motion for Preliminary Injunction and declaratory judgment 16 was filed on 3/6/2025. By agreement of Parties, the following briefing schedule was set during the hearing. Response due by 3/20/2025; Reply due by 4/24/2025. In Court oral argument regarding Motion 16 is set for 5/30/2025 at 10:00 AM which will proceed in Courtroom 2541. Mailed notice (lk, ) (Entered: 03/10/2025)

March 6, 2025

March 6, 2025

17

MOTION by Attorney Olivia Horton to withdraw as attorney for Lloyd J. Austin III, Joseph R. Biden, Antony Blinken. No party information provided (Horton, Olivia) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

19

MINUTE entry before the Honorable Virginia M. Kendall. Attorney Olivia Grace Horton'sMotion to withdraw as attorney 17 is granted. Mailed notice (lk, ) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Antony Blinken, Lloyd J. Austin III, Joseph R. Biden, MOTION by Defendants Antony Blinken, Lloyd J. Austin III, Joseph R. Biden to dismiss for lack of jurisdiction (Attachments: # 1 MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS AND IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Altabet, Jason) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

21

RESPONSE by Lloyd J. Austin III, Joseph R. Biden, Antony Blinkenin Opposition to MOTION by Plaintiffs Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga for preliminary injunction and declaratory judgment 16 MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION TO DISMISS AND IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Altabet, Jason) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

22

MINUTE entry before the Honorable Virginia M. Kendall. Minute Entry 18 is corrected as follows: Briefing schedule as to Motion for Preliminary Injunction 16 is as follows: Responses due by 3/20/2025; Reply due by 4/10/2025. Briefing schedule as to Motion to Dismiss 20 is as follows: Response due by 4/10/2025; Reply due by 4/24/2025. Status hearing set for 5/30/2025 at 9:30 AM stands. Mailed notice (lk, ) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

23

MOTION by Plaintiffs Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga for leave to file excess pages (Masri, Lena) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

24

REPLY by Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Maria A. Kari, Khalid Mourtaga to response in opposition to motion,, 21 AND OPPOSITION TO MOTION TO DISMISS (Masri, Lena) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

25

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Motion for leave to file excess pages 23 is granted. Mailed notice (lk, ) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

26

REPLY by Defendants Lloyd J. Austin III, Joseph R. Biden, Antony Blinken to Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, 20 In Support (Altabet, Jason) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

27

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 5/30/2025 is reset for 10:30 AM (PLEASE NOTE TIME CHANGE ONLY). Mailed notice (lk, ) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

28

Notice of Witnesses at Hearing by Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga (Masri, Lena) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

29

Notice of Supplemental Authority by Samia Abualreesh, Marowa Abusharia, Mohanad Alnajjar, Mariam Alrayes, Salsabeel Elhelou, Heba Enayeh, Sahar Harara, Sawsan Kahil, Khalid Mourtaga (Attachments: # 1 Exhibit Abrego Garcia SCOTUS Opinion)(Masri, Lena) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

30

RESPONSE by Defendants Lloyd J. Austin III, Joseph R. Biden, Antony Blinken to other 28 Notice of Witnesses (Attachments: # 1 Exhibit May 27 Email)(Altabet, Jason) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

31

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to a family medical emergency, Final Revocation hearing set for 5/30/2025 is stricken. The courtroom deputy will coordinate with Parties to reschedule hearing. Mailed notice (lk, ) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

32

MINUTE entry before the Honorable Virginia M. Kendall. In Court hearing has been reset for 6/3/2025 to begin at 9:30 AM. Mailed notice (lk, ) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

33

MINUTE entry before the Honorable Virginia M. Kendall. In Court hearing held on 6/3/2025 regarding Motion for Preliminary Injunction 16 . Oral argument heard. The Court takes Motion 16 under advisement. Mailed notice (lk, ) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

34

TRANSCRIPT OF PROCEEDINGS held on 06/03/2025 before the Honorable Virginia M. Kendall. Oral Argument. Order Number: 52097. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/23/2025. Redacted Transcript Deadline set for 8/4/2025. Release of Transcript Restriction set for 9/30/2025. (McGuigan, Gale) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

35

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/01/2026)

Dec. 31, 2025

Dec. 31, 2025

36

MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 1/8/2026. Defendants' Motion to Dismiss 20 is granted, and Plaintiffs' Complaint 1 is dismissed with prejudice. Accordingly, Plaintiffs' Motion for Preliminary Injunction 16 is denied as moot. Please refer to Opinion for further details. Mailed notice(lk, ) (Entered: 01/08/2026)

Jan. 8, 2026

Jan. 8, 2026

Clearinghouse
37

ENTERED JUDGMENT, Civil case terminated. Mailed notice(lk, ) (Entered: 01/08/2026)

Jan. 8, 2026

Jan. 8, 2026

Case Details

State / Territory:

Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Dec. 19, 2024

Closing Date: Jan. 8, 2026

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Nine Palestinian Americans who were in Gaza when conflict began on October 7, 2023.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lloyd J. Austin III (District of Columbia), Federal

Antony Blinken (District of Columbia), Federal

President Donald J. Trump (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Illinois 1:24-cv-13038

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Source of Relief:

Litigation

Issues

Discrimination Basis:

National origin discrimination