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Case Name Al Homssi v. Trump IM-IL-0019
Docket / Court 1:17-cv-00801 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration and/or the Border
Presidential/Gubernatorial Authority
Special Collection Trump Travel Ban Challenges
Case Summary
This action, filed January 31, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) banning nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S. The complaint alleged that in preventing the plaintiff, a Syrian national with valid J-1 and B1 ... read more >
This action, filed January 31, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) banning nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S. The complaint alleged that in preventing the plaintiff, a Syrian national with valid J-1 and B1/B2 visas, from returning to the U.S. pursuant to the EO, the federal government violated the First Amendment Establishment Clause, Fifth Amendment Due Process and Equal Protection rights, the Immigration and Nationality Act, the Administrative Procedure Act, and U.S. obligations under international law including the Refugee Convention. The case was filed in the U.S. District Court for the Northern District of Illinois (in Chicago), and the plaintiff sought declaratory and injunctive relief against President Trump in his official capacity, the Department of Homeland Security, and U.S. Customs and Border Protection.

The plaintiff, represented by private counsel and Prof. Bernard Harcourt of Columbia Law School, was a physician resident at the University of Illinois Chicago/Advocate Christ Hospital. He returned to the United Arab Emirates to get married on January 23, 2017, and upon returning to the U.S. to continue his residency, he was detained at Abu Dhabi International Airport on January 29. The plaintiff claimed that if he could not return to the U.S., he faced the risk of being deported to Syria, where he had never lived but held citizenship status.

Upon filing this complaint, the plaintiff also filed a motion for a temporary restraining order and preliminary injunction. The case was assigned to District Judge Elaine Bucklo. At a status hearing on February 1, 2017, the parties told the judge they had reached a "settlement in principle." Judge Bucklo set a status hearing for February 9 at which they could update her on the progress towards settlement or otherwise.

According to news reports, the plaintiff successfully entered the United States at Chicago O'Hare International Airport on February 2, 2017. On February 8, the plaintiff filed a motion for voluntary dismissal but asked for leave to reinstate his claims on or before August 1, 2017. On February 9, Judge Bucklo granted the plaintiff's motion and terminated all pending dates and motions as moot. In this order, the District Judge also agreed that the plaintiff had leave to reinstate on or before August 1, 2017.

Aside from the docket, only the complaint is publicly available for this case.

This case is now closed.

Virginia Weeks - 02/04/2017
Ava Morgenstern - 08/06/2017
Esteban Woo Kee - 11/19/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Equal Protection
Establishment Clause
Discrimination-basis
National origin discrimination
Religion discrimination
General
Disparate Treatment
Over/Unlawful Detention
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
Convention against Torture
Detention - criteria
Detention - procedures
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
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
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 United States
United States Customs & Border Protection
United States Department of Homeland Security
Plaintiff Description Syrian national valid U.S. visas denied access to a flight to the U.S. due to the January 27, 2017, version of President Trump's Travel Ban (EO-1).
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Plaintiff allowed to enter U.S.
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
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)
N.D. Ill.
02/09/2017
1:17-cv-00801
IM-IL-0019-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Ill.
01/31/2017
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-IL-0019-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bucklo, Elaine E. (N.D. Ill.) show/hide docs
IM-IL-0019-9000
Plaintiff's Lawyers Durkin, Thomas Anthony (Illinois) show/hide docs
IM-IL-0019-0001 | IM-IL-0019-9000
Harcourt, Bernard E. (New York) show/hide docs
IM-IL-0019-0001
Waters, Robin Valentine (Illinois) show/hide docs
IM-IL-0019-0001 | IM-IL-0019-9000
Defendant's Lawyers Oswald, Craig A (Illinois) show/hide docs
IM-IL-0019-9000

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