University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Azimi v. Trump IM-NY-0054
Docket / Court 1:17-cv-00096 ( W.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Presidential/Gubernatorial Authority
Special Collection Trump Travel Ban Challenges
Attorney Organization Legal Services/Legal Aid
NYU Clinical Law Center
Case Summary
On January 31, 2017, two F-1 student visa holders, represented by the NYU Law School Immigrant Rights Clinic, filed this lawsuit in the U.S. District Court for the Western District of New York (in Buffalo), after being detained by U.S. Customs and Border Protection (CBP) upon their arrival at the ... read more >
On January 31, 2017, two F-1 student visa holders, represented by the NYU Law School Immigrant Rights Clinic, filed this lawsuit in the U.S. District Court for the Western District of New York (in Buffalo), after being detained by U.S. Customs and Border Protection (CBP) upon their arrival at the Buffalo Port of Entry on the evening of January 31, 2017. The plaintiffs were Muslim Iranian F1 student visa holders who attended the New York University Tandon School of Engineering. The plaintiffs claimed that they were detained as a result of an executive order issued (EO-1) by President Donald Trump on January 27, 2017, suspending entry into the United States of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The complaint further alleged that this executive order was being enforced against them contrary to nationwide federal court stays, including those issued in Louhghalam v. Trump. Petitioners claimed that their continued detention and denial of entry based solely on EO-1 was ultra vires to the immigration statutes and in violation of: their Fifth Amendment procedural and substantive due process rights, the First Amendment Establishment Clause, the Administrative Procedure Act, and the Religious Freedom Restoration Act. The complaint was filed as a writ of habeas corpus (seeking immediate release of the plaintiffs from detention), and as a civil complaint seeking declaratory and injunctive relief.

It is likely that the plaintiffs were released from detention as they filed a notice of voluntary dismissal on February 1, 2017. On February 2, 2017, the case was terminated. No judge was assigned.

This case is closed.

Julie Aust - 02/03/2017
Esteban Woo Kee - 10/23/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
Religion discrimination
General
Habeas Corpus
Over/Unlawful Detention
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
Detention - criteria
Detention - procedures
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex Parte Young (Federal) or Bivens
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) Office of the President of the U.S.
United States Customs and Border Protection
United States Department of Homeland Security
Plaintiff Description Two F1 visa holders and students at the New York University Tandon School of Engineering.
Indexed Lawyer Organizations Legal Services/Legal Aid
NYU Clinical Law Center
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 01/31/2017
Case Closing Year 2017
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
Federal Register
Date: Oct. 24, 2017
By: United States
[ Detail ] [ External Link ]

  Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
Federal Register
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Federal Register
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Date: 1/30/2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Date: 1/29/2017
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
[ Detail ] [ PDF ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Court Docket(s)
W.D.N.Y.
02/02/2017
1:17−cv−00096
IM-NY-0054-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
W.D.N.Y.
02/01/2017
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-NY-0054-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D.N.Y.
02/01/2017
Notice of Voluntary Dismissal [ECF# 2]
IM-NY-0054-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Plaintiff's Lawyers Das, Alina (New York) show/hide docs
IM-NY-0054-0001
Hallett, Amber Nicole (Connecticut) show/hide docs
IM-NY-0054-0001 | IM-NY-0054-0002 | IM-NY-0054-9000

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