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Case Name Hagig v. Trump IM-CO-0010
Docket / Court 1:17-cv-00289 ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration and/or the Border
Presidential/Gubernatorial Authority
Special Collection Trump Travel Ban Challenges
Case Summary
This lawsuit, filed on January 31, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) that banned non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from being admitted to the U.S. The complaint was filed in the U.S. District Court for the ... read more >
This lawsuit, filed on January 31, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) that banned non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from being admitted to the U.S. The complaint was filed in the U.S. District Court for the District of Colorado (in Denver) on behalf of a Libyan citizen who attended university in the U.S.

Represented by private counsel, the plaintiff argued that the threat of being detained or barred from reentry to the U.S. solely pursuant to EO-1 violated Fifth and Fourteenth Amendment Equal Protection and Due Process rights, the First Amendment Establishment Clause, federal immigration statutes, and the Administrative Procedure Act (APA). He further alleged that "the unlawful and unconstitutional discrimination against [the plaintiff] and others similarly situated is part of a widespread policy, pattern, and practice infringing on rights of many people traveling after issuance of the EO now subject to suspension, detention and removal." The complaint sought declaratory and injunctive relief to "prevent such unlawful and unconstitutional harms from occurring now and in the future." The complaint named President Trump in his official capacity, the Department of Homeland Security, and U.S. Customs and Border Protection as defendants. The case was assigned to District Judge R. Brooke Jackson.

The plaintiff lived and attended college in Colorado where he worked and paid taxes. The plaintiff's family lived in Libya and he alleged he was unable to visit them for a family emergency or any other reason due to the risk that EO-1 posed to his ability to re-enter the U.S.

Soon after filing the original complaint, the plaintiff filed an amended complaint on February 10, seeking to designate a class of "all other persons who are nationals of the Designated Countries who currently are, or recently have been, lawfully present in Colorado on student visas and who, but for the January 27, 2017, Executive Order, would be able to travel to the United States or leave and return to the United States." The amended complaint also claimed violations of the Immigration and Nationality Act (INA).

Next, on February 17, 2017, the plaintiff filed a motion for a preliminary injunction and a concurrent motion to expedite the injunction briefing schedule. But on February 21, District Judge Jackson denied that motion, finding that the plaintiff had not shown sufficient need for expedited action, given that EO-1 had been suspended by the U.S. District Court for the Western District of Washington and the Ninth Circuit in State of Washington v. Trump. However, Judge Jackson stated that he would reconsider expedited action if the Ninth Circuit's order were vacated or if the government released a new EO.

Prompted by developments in Washington v. Trump, on March 6, the President rescinded the January 27 EO and replaced it with a narrower one, Executive Order 13780 (EO-2). On the same day, the defendants in this case filed a notice informing the court of the change. The government argued that the case was now moot; the plaintiff, they said, would not be affected by EO-2 because he was in the U.S. on January 27 and because he already held a valid student visa.

But the defendants soon learned that the plaintiff's student visa had expired, and they therefore filed a correction on March 9 to their March 6 notice. In the correction, the defendants made reference to the expiration issue, but claimed that the EO-2 would still not affect the plaintiff as he would be in the U.S. at the time of its implementation on March 16, whereas the revised restrictions on entry only applied to people outside the country on that day. The government noted that the plaintiff planned to travel to Canada from March 17-23, but reiterated that EO-2 would not apply so long as he was in the U.S. on March 16. The plaintiff's ability to re-enter the United States, according to the defendants, would be governed by the INA rather than the EO.

In light of EO-2, the plaintiff asked the court to withdraw his February 17 motion for preliminary injunction on April 5, 2017. Judge Jackson granted the plaintiff's request for withdrawal the same day. On April 21, the government filed an unopposed motion for a 60-day extension of an April 24 deadline to respond to the plaintiff's first-amended complaint. The defendants again cited the need for additional time to respond in light of the injunctions on the revised EO. Judge Jackson granted this motion on June 13, setting the defendants' response to be due June 23.

However, on June 22, 2017, the defendants filed an unopposed motion to stay proceedings, pending the Supreme Court's decision in Hawaii v. Trump and IRAP v. Trump. Judge Jackson granted the motion to stay on June 26. A year later, on June 26, 2018, the Supreme Court issued a decision in Hawaii v. Trump.

On May 2, 2019, the plaintiff in this case notified the district court that he was voluntarily dismissing all his claims. The case was then closed on May 3, 2019.

Virginia Weeks - 02/13/2017
Julie Aust - 02/18/2017
Jamie Kessler - 02/21/2017
Ava Morgenstern - 10/25/2017
Sam Kulhanek - 04/10/2020
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
Family reunification
Over/Unlawful Detention
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
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
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) U.S. Customs and Border Protection
U.S. Department of Homeland Security
United States
Plaintiff Description U.S. Lawful Permanent Resident from Libya affected by Travel Ban executive orders.
Class action status sought Yes
Class action status outcome Mooted before ruling
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filed 01/31/2017
Case Closing Year 2019
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 ]

  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)
D. Colo.
05/03/2019
1:17-cv-289
IM-CO-0010-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Colo.
01/31/2017
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CO-0010-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
02/10/2017
First Amended Class Action Complaint for Declaratory and Injunctive Relief [ECF# 13]
IM-CO-0010-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
02/17/2017
Plaintiff's Motion for Preliminary Injunction [ECF# 16]
IM-CO-0010-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
02/17/2017
Motion for Expedited Briefing Schedule for Plaintiff's Motion for Preliminary Injunction [ECF# 17]
IM-CO-0010-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
03/06/2017
Notice to the Court [ECF# 21]
IM-CO-0010-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
03/09/2017
Correction to Defendant's Notice to the Court [ECF# 22]
IM-CO-0010-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
04/05/2017
Notice of Withdrawal of Motion for Preliminary Injunction [ECF# 26]
IM-CO-0010-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
04/21/2017
Unopposed Motion for Extension of Time to Respond to Amended Class Action Complaint [ECF# 28]
IM-CO-0010-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Colo.
06/22/2017
Unopposed Motion for Stay Pending Supreme Court Proceedings [ECF# 30]
IM-CO-0010-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Jackson, Richard Brooke (D. Colo.) show/hide docs
IM-CO-0010-9000
Plaintiff's Lawyers Carroll, Morgan Lenore (Colorado) show/hide docs
IM-CO-0010-0001 | IM-CO-0010-0002 | IM-CO-0010-0003 | IM-CO-0010-0004 | IM-CO-0010-0008 | IM-CO-0010-9000
Kennedy-Shaffer, Alan (Colorado) show/hide docs
IM-CO-0010-0001 | IM-CO-0010-0002 | IM-CO-0010-0003 | IM-CO-0010-0004 | IM-CO-0010-0008 | IM-CO-0010-9000
Smith, Jessica Jodene (Colorado) show/hide docs
IM-CO-0010-0002 | IM-CO-0010-0003 | IM-CO-0010-0004 | IM-CO-0010-0008 | IM-CO-0010-9000
Toll, Christopher Hulbert (Colorado) show/hide docs
IM-CO-0010-0002 | IM-CO-0010-0003 | IM-CO-0010-0004 | IM-CO-0010-0008 | IM-CO-0010-9000
Defendant's Lawyers Go, Samuel P. (District of Columbia) show/hide docs
IM-CO-0010-9000
Pandev, Adrian M. (District of Columbia) show/hide docs
IM-CO-0010-0005 | IM-CO-0010-0006 | IM-CO-0010-0007 | IM-CO-0010-0009 | IM-CO-0010-9000
Peachey, William Charles (District of Columbia) show/hide docs
IM-CO-0010-0007 | IM-CO-0010-0009
Readler, Chad Andrew (District of Columbia) show/hide docs
IM-CO-0010-0005 | IM-CO-0010-0007 | IM-CO-0010-0009
Westwater, Gisela Ann (District of Columbia) show/hide docs
IM-CO-0010-0007 | IM-CO-0010-0009
Young, Stacey Ilene (District of Columbia) show/hide docs
IM-CO-0010-0007 | IM-CO-0010-0009
Yuh, Briana (District of Columbia) show/hide docs
IM-CO-0010-9000

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