Case: Rafeedie v. Immigration and Naturalization Service

Rafeedie v. INS

ORDER by Judge Stanley S. Harris : granting motion to extend time to 9/14/94 in which to respond to plaintiff's motion for attorneys' fees and costs [101-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN plaintiff's reply to motion due 10/14/94 (N) (dbw) (Entered: 08/22/1994)

COMPLAINT filed; Exhibits (6); summons issued (ew) (Entered: 02/16/1988)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for DAVID COLE to appear pro hac vice (ew) (Entered: 02/16/1988)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE to file excess pages limitation ;EXHIBIT (MOTION FOR PRELIMINARY INJUNCTION WITH P&A'S) (ew) (Entered: 02/16/1988)

NOTICE OF SERVICE of motions for admission pro hac vice, leave to exceed page limitation, preliminary injunction and summary judgment and request for hearing (je) (Entered: 02/18/1988)

ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS by Allen W. Hausman (hls) (Entered: 02/19/1988)

MOTION by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment (je) (Entered: 02/22/1988)

RESPONSE (OPPOSITIONS) by plaintiff FOUAD YACOUB RAFEEDIE motion to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment [7-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (je) (Entered: 02/23/1988)

ORDER by Judge Joyce H. Green granting motion for DAVID COLE to appear pro hac vice [2-1] for all purposes (N) (je) (Entered: 02/23/1988)

ORDER by Judge Joyce H. Green granting motion to file excess pages limitation [3-1] (N) (je) (Entered: 02/23/1988)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for preliminary injunction , and for partial summary judgment ; exhibits (3) (je) (Entered: 02/23/1988)

NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of Exhibit 1 to memorandum in support of motions for preliminary injunction and partial summary judgment; attachment (fiat) JOYCE HENS GREEN, J. (je) Modified on 02/29/1988 (Entered: 02/23/1988)

RETURN OF SERVICE executed as to defendant EDWIN MEESE III 2/16/88; attachment (je) (Entered: 02/24/1988)

STATUS HEARING before Judge Joyce H. Green : OTBP reporter Gordon Slodysko (je) (Entered: 02/24/1988)

ORDER by Judge Joyce H. Green granting in part, denying in part motion to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment [7-1] response to motions deadline 3/11/88 , reply to response for summary judgment due 3/23/88, deft's reply to response to motion to dismiss due 3/28/88 , denying request of pltf for consolidation of the hearing on motions, and status hearing for 10:30 4/8/88 , each side given 40 minutes; and defts consent to extend time for pltf to submit his "written statement and accompanying information to 10 days after a decision on motions (N) (je) (Entered: 02/24/1988)

AFFIDAVIT OF SERVICE of summons and complaint upon defendant INS 2/18/88; attachment (je) (Entered: 02/25/1988)

ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS by Linda S. Wendtland, William P. Joyce CD/N (je) (Entered: 03/14/1988)

MOTION by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS to dismiss (je) (Entered: 03/14/1988)

MEMORANDUM by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS in opposition to motion for partial summary judgment [11-2] by FOUAD YACOUB RAFEEDIE; exhibits (55); attachments (2), appendixes (2) (je) Modified on 03/15/1988 (Entered: 03/14/1988)

SUMMONS (3) issued (je) (Entered: 03/16/1988)

ORDER by Judge Joyce H. Green : status hearing rescheduled for 10:00 4/11/88 on defts motion to dismiss and pltf's preliminary injunction (N) (je) (Entered: 03/17/1988)

ORDER by Judge Joyce H. Green : granting motion to file opposition to motion for preliminary injunction in excess page limitation [17-1] (N) (je) (Entered: 03/23/1988)

MEMORANDUM by defendant in opposition to motion for preliminary injunction [11-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 03/23/1988)

AFFIDAVIT OF SERVICE of summons and complaint upon defendant JAMES BUCK 3/18/88; attachment (je) (Entered: 03/24/1988)

AFFIDAVIT OF SERVICE of summons and complaint upon defendant ROBERT L. BROWN 3/21/88; attachment (je) (Entered: 03/24/1988)

REQUEST (renewed) by plaintiff FOUAD YACOUB RAFEEDIE for consolidation of hearing on motions (je) (Entered: 03/24/1988)

MEMORANDUM by plaintiff FOUAD YACOUB RAFEEDIE in opposition to motion to dismiss [18-1] by INS, EDWIN MEESE III, ALAN NELSON, JAMES BUCK, ROBERT L. BROWN (je) (Entered: 03/24/1988)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE to file excess pages limitation ; (exhibit--REPLY) (je) (Entered: 03/24/1988)

AFFIDAVIT OF SERVICE of summons and complaint upon defendant ALAN C. NELSON 3/22/88; attachment (je) (Entered: 03/24/1988)

REPLY to memorandum in opposition [19-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN by plaintiff FOUAD YACOUB RAFEEDIE (fiat) (cjp) (Entered: 03/28/1988)

RESPONSE by defendant motion for consolidation of hearing on motions [25-1] by FOUAD YACOUB RAFEEDIE (cjp) (Entered: 03/28/1988)

REPLY to memorandum in opposition [22-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN by plaintiff FOUAD YACOUB RAFEEDIE; exhibit (1) (cjp) (Entered: 03/28/1988)

ORDER by Judge Joyce H. Green : granting motion to file excess pages limitation [27-1] (N) (cjp) (Entered: 03/28/1988)

REPLY to memorandum in opposition [26-1] by FOUAD YACOUB RAFEEDIE by defendants; addendum (cjp) (Entered: 03/29/1988)

ORDER by Judge Joyce H. Green : granting motion for consolidation of hearing on motions [25-1] for preliminary injunction/partial summary judgment (N) (je) (Entered: 04/08/1988)

NOTICE OF FILING by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS of declaration of Ambassador L. Paul Bremer, III; attachment (je) (Entered: 04/12/1988)

MOTION HEARING by FOUAD YACOUB RAFEEDIE motion for partial summary judgment [11-2] taken under advisement, by FOUAD YACOUB RAFEEDIE motion for preliminary injunction [11-1] taken under advisement, by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN motion to dismiss [18-1] taken under advisement before Judge Joyce H. Green : reporter Gordon Slodysko (je) (Entered: 04/12/1988)

LETTER dated 4/14/88 from Fergus McKeever to Judge Joyce Hens Green regarding treatment of Rafeedie (FIAT) (N) JOYCE GREEN, J. (je) (Entered: 04/21/1988)

ORDER by Judge Joyce H. Green : directing the parties to advise the court in writing by 5/18/88 whether they consent to an extension of the status quo until 6/1/88 (N) (je) (Entered: 05/17/1988)

ORDER by Judge Joyce H. Green : directing parties to advise the Court in Writing by 6/1/88 whether they consent to an extension of the status quo until 6/20/88 (N) (je) (Entered: 06/01/1988)

MEMORANDUM OPINION by Judge Joyce H. Green (N) (je) (Entered: 06/16/1988)

Preliminary Injunction ORDERED by Judge Joyce H. Green : granting motion for preliminary injunction [11-1] by FOUAD YACOUB RAFEEDIE; defts and their officer, employees, agents, servants and attorneys, be and they are HEREBY preliminarily enjoined from continuing to conduct exclusion proceedings against pltf under Section 235(c) of the Immigration & Nationality Act, 8 USC Sec. 1225(c) or from conduction any exclusion proceeding against pltf on the basis of charges brought under 8 USC Sec. 1182(a)(27) and (a)(28)(F) and entering any order of exclusion or deportation against pltf on the basis of proceedings conduction under these sections; and it is FURTHER ORDERED that this preliminary injunction shall continue in FULL FORCE AND EFFECT UNTIL THE CONCLUSION OF THIS LITIGATION OR UNTIL EARLIER ORDER OF THE COURT; SO ORDERED. (N) (je) (Entered: 06/16/1988)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for reconsideration , or, in the alternative for order certifying issue as appropriate for immediate appeal ; attachments (2) (je) (Entered: 06/29/1988)

MOTION for American Civil Liberties Union and American Immigration Lawyers Association to file amicus brief in support of pltf's motion for reconsideration ; (exhibit-- MEMORANDUM) (je) (Entered: 07/06/1988)

ORDER by Judge Joyce H. Green : granting motion for order suspending status call [42-1] by FOUAD YACOUB RAFEEDIE; suspending status call set for 7/7/88 until further order of the Court (N) (je) (Entered: 07/06/1988)

ORDER by Judge Joyce H. Green : granting motion for American Civil Liberties Union and American Immigration Lawyers Association to file amicus brief in support of pltf's motion for reconsideration [43-1] (N) (je) (Entered: 07/11/1988)

MEMORANDUM by amicus AMER.CIVIL LIB.UNION, amicus AMER. IMMIG. LAWYERS in support of motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/11/1988)

RESPONSE by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN to motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/12/1988)

REPLY by plaintiff FOUAD YACOUB RAFEEDIE to response to motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE, motion for order certifying issue as appropriate for immediate appeal [41-2] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/19/1988)

NOTICE OF INTERLOCUTORY APPEAL by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN from Order entered 6/16/88. No fee paid/US Government. Copies mailed to Kerry W. Kircher and Arthur B. Spitzer. (je) (Entered: 07/19/1988)

TRANSMITTED PRELIMINARY RECORD on appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals (je) (Entered: 07/19/1988)

Text not available. (Entered: 07/26/1988)

SUPPLEMENTAL MEMORANDUM to reply to motion for reconsideration or for order [48-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/26/1988)

NOTICE OF FILING by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN certificate as to transcript and statement of issues to be presented on appeal. USCA/N (ela) (Entered: 08/01/1988)

USCA# 88-5240 assigned for appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS (ela) (Entered: 07/28/1988)

ORDER by Judge Joyce H. Green : denying motion for reconsideration of Court's decision of 6/15/88 as to Count II [41-1] by FOUAD YACOUB RAFEEDIE; denying without prejudice to renew pltf's motion for reconsideration of Court's decision of 6/15/88 as to Count IV; granting pltf's motion for certification of issues regarding Count II; staying this action pending further resolution of issues on appeal. (N) (je) (Entered: 08/05/1988)

TRANSMITTED RECORD ON appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals. (USCA#88-5240) (ela) (Entered: 10/13/1988)

RECEIPT ACKNOWLEDGED for record delivered to USCA. USCA#88-5240. (ela) (Entered: 10/14/1988)

NOTICE by plaintiff's counsel of change of address (ZUCKERMAN, SPAEDER, GOLDSTEIN, TAYLOR & KOLKER, 1201 Connecticut Avenue, N.W., Washington, DC 20036, 202/778-1800) CD/N (je) (Entered: 01/23/1989)

TRANSCRIPT filed for date of 4/11/88 reporter: G.A. SLODYSKO (ela) (Entered: 07/31/1989)

ANSWER for defendants ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN A. MEESE III, INS , (ajr) (Entered: 11/21/1989)

MOTION by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN A. MEESE III, INS for judgment on the pleadings (ajr) (Entered: 11/21/1989)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for status hearing , to stay temporarily plaintiff's obligation to respond to defendants' motion fjor judgement on the pleadings , or, for to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings (ajr) (Entered: 12/07/1989)

CERTIFIED COPY of judgment filed in USCA on 7/21/89 Affirming In Part, REVERSING In Part the Judgment of USDC and REMANDING these cases to USDC in accordance with the Opinion; OPINION, appeal [49-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN USCA# 88-5240 & 88-5267 (ela) (Entered: 12/07/1989)

AWARD OF COSTS filed in USCA to Fouad Yaoub Rafeedie and taxed against Immigration & Naturalization Service, et al. in the amount of $485.91. (USCA#88-5240;88-5267) (ela) (Entered: 12/07/1989)

RESPONSE by defendant motion for status hearing [58-1] by FOUAD YACOUB RAFEEDIE, motion to stay temporarily plaintiff's obligation to respond to defendants' motion fjor judgement on the pleadings [58-2] by FOUAD YACOUB RAFEEDIE, motion to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings [58-3] by FOUAD YACOUB RAFEEDIE (ajr) (Entered: 12/08/1989)

ORDER by Judge Joyce H. Green : granting motion to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings [58-3] by FOUAD YACOUB RAFEEDIE response to motion due 1/19/90 for FOUAD YACOUB RAFEEDIE ; reply to motion due 2/2/90 ; (N) (ajr) (Entered: 12/14/1989)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for leave to file in excess of pages' limitation his memo in support of his renewed motion for partial summary judgement and in opposition to defendants' motion fjor judgement on the pleadings EXHIBIT (memorandum) (ajr) (Entered: 01/23/1990)

MOTION by defendant to extend time to 2/2/90 in which to respond to plaintiff's renewed motion for partial summary judgement , and to file in excess of pages' limitation their response to plaintiff's renewed motion for partial summary judgement (ajr) (Entered: 01/23/1990)

ORDER by Judge Joyce H. Green : granting motion for leave to file in excess of pages' limitation his memo in support of his renewed motion for partial summary judgement and in opposition to defendants' motion fjor judgement on the pleadings [62-1] by FOUAD YACOUB RAFEEDIE (N) (jaw) (Entered: 01/23/1990)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for partial summary judgment Appendix (ajr) (Entered: 01/25/1990)

ORDER by Judge Joyce H. Green : granting motion to extend time to 2/2/90 in which to respond to plaintiff's renewed motion for partial summary judgement [64-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN, granting motion to file in excess of pages' limitation their response to plaintiff's renewed motion for partial summary judgement [64-2] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN response to motion for summary judgement due 2/2/90 (N) (ajr) (Entered: 01/25/1990)

STIPULATION filed and fiated by Judge Joyce H. Green that plaintiff may file 1st amended complaint (N) (fiat) (ajr) (Entered: 01/25/1990)

AMENDED COMPLAINT by plaintiff FOUAD YACOUB RAFEEDIE amending complaint [1-1]. Exhibits (6) (ajr) (Entered: 01/25/1990)

ANSWER by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS to amended complaint (cjp) (Entered: 02/05/1990)

REPLY by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS to opposition to motion for judgment on the pleadings [56-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (cjp) (Entered: 02/05/1990)

RESPONSE by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS in opposition to motion for partial summary judgment [65-1] by FOUAD YACOUB RAFEEDIE (cjp) (Entered: 02/05/1990)

MOTION by plaintiff FOUAD YACOUB RAFEEDIE to extend time to 2/23/90 to reply to motion for partial summary judgment (clv) (Entered: 02/06/1990)

CERTIFIED COPY of judgment filed in USCA on 7/21/90 Affirming In Part and Reversing In Part the judgment of USDC and REMANDING case to USDC with instructions and for further proceedings, all in accordance with the Opinion. OPINION; appeal [49-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN USCA# 88-5240 (ela) (Entered: 02/22/1990)

AWARD OF COSTS filed in USCA to appellee/cross appellant, Fouad Yacoub Refeedie and taxed against appellant/cross appellee, Immigration and Naturalization Service, et al. in the sum of $485.91. USCA88-5240 & 88-5267 (ela) (Entered: 02/22/1990)

REPLY by plaintiff FOUAD YACOUB RAFEEDIE to response to motion for partial summary judgment [65-1] by FOUAD YACOUB RAFEEDIE. Attachments (2) (ajr) (Entered: 02/26/1990)

NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of opinion from USDC/CD California, attached to plaintiff's reply [75-1] concerning his renewed motion for partial summary judgement (q.v.) (ajr) (Entered: 02/26/1990)

NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of executed declaration of Ibrahim Abu-Lughod. Attachment (ajr) (Entered: 03/15/1990)

ORDER by Judge Joyce H. Green : parties shall advise the Court by 5/4/92 of the recent legislative & judicial developments, their impact on the instant case & the various causes of actions, and of the status of pltf's exclusion proceedings (N) (jaw) (Entered: 04/08/1992)

MEMORANDUM by plaintiff(s) FOUAD YACOUB RAFEEDIE in response to 4/7/92 Court order; attachments (sm) (Entered: 05/05/1992)

MEMORANDUM by defendants in response to 4/8/92 Court order (sm) (Entered: 05/05/1992)

ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS by Michael P. Lindemann and James A. Hunolt (sm) Modified on 05/05/1992 (Entered: 05/05/1992)

MEMORANDUM OPINION by Judge Joyce H. Green : granting in part, denying in part motion of pltf. for summary judgment [65-1]; granting in part, denying in part motion of defts. for on the pleadings [56-1]; entering judgment in favor of the defts. as to Count 1 of the complaint; declaring that defts. conduct of exclusion proceedings against pltf. under 8 USC 1225(c) have violated the due process cause of the 5th Amendment of the Constitution; declaring that 8 USC (a)(27) and (a)(28)(F) violate the lst Amendment of the Constitution ; and this case stands dismissed (N) (jaw) (Entered: 05/28/1992)

MOTION filed by plaintiff(s) FOUAD YACOUB RAFEEDIE for clarification of opinion and judgment (sm) (Entered: 07/01/1992)

MEMORANDUM by defendant in opposition to motion for clarification of opinion and judgment [84-1] by FOUAD YACOUB RAFEEDIE (sm) (Entered: 07/14/1992)

REPLY by plaintiff(s) FOUAD YACOUB RAFEEDIE to response to motion for clarification of opinion and judgment [84-1] by FOUAD YACOUB RAFEEDIE (sm) (Entered: 07/22/1992)

ORDER by Judge Joyce H. Green : denying motion for clarification of opinion and judgment [84-1] by FOUAD RAFEEDIE; inserting number "1182" before "(a)(27)" on line 3 of page 24 of the Memorandum Opinion dated 5/28/92 (N) (jaw) (Entered: 07/22/1992)

NOTICE OF APPEAL by defendant from Judgment [83-1] entered on: 5/28/92 ; No fee paid./U.S. Govt. Copies mailed to David Cole, Mark Van Der Hout, William W. Taylor, Michael Maggio, and James R. Fennerty (sm) (Entered: 07/27/1992)

TRANSMITTED PRELIMINARY RECORD on appeal [88-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN to U.S. Court of Appeals (sm) (Entered: 07/27/1992)

USCA # 92-5270 assigned for appeal [88-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (sm) (Entered: 07/30/1992)

NOTICE OF CROSS-APPEAL by plaintiff(s) FOUAD YACOUB RAFEEDIE from order [82-3] entered on: 5/28/92; Fee has not been paid; Copies mailed to Michael P. Lindemann and James A. Hunolt (sm) (Entered: 08/04/1992)

TRANSMITTED PRELIMINARY RECORD on appeal [89-1] by FOUAD YACOUB RAFEEDIE to U.S. Court of Appeals (sm) (Entered: 08/04/1992)

DEPOSIT of $100.00 docketing fee and $5.00 filing fee for purposes of appeal into the Registry of the Court by plaintiff RAFEEDIE (sm) (Entered: 08/10/1992)

USCA # 92-5286 assigned for cross-appeal [89-1] by FOUAD YACOUB RAFEEDIE (sm) (Entered: 08/10/1992)

NOTICE OF FILING by plaintiff(s) FOUAD YACOUB RAFEEDIE of statement of issues (sm) (Entered: 08/11/1992)