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Case Name Louhghalam v. Trump IM-MA-0007
Docket / Court 17-cv-10154 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Immigration and/or the Border
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization ACLU Chapters (any)
Case Summary
On January 28, 2017, two lawful permanent residents of the United States who were detained at Boston Logan Airport as they were trying to return home to Massachusetts from abroad filed this lawsuit in the United States District Court for the District of Massachusetts. Represented by the American ... read more >
On January 28, 2017, two lawful permanent residents of the United States who were detained at Boston Logan Airport as they were trying to return home to Massachusetts from abroad filed this lawsuit in the United States District Court for the District of Massachusetts. Represented by the American Civil Liberties Union, the plaintiffs sued the United States under the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.), 28 U.S.C. § 2241, and the Religious Freedom Restoration Act. The plaintiffs claimed that they were detained pursuant to an executive order (the “Executive Order”) issued 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 plaintiffs alleged that denying lawful permanent residents entry back home after a brief visit abroad violated equal protection and due process rights protected by the Fifth Amendment, the First Amendment’s Establishment Clause, the Administrative Procedure Act, and the Religious Freedom Restoration Act. The complaint was filed as a petition for a writ of habeas corpus (to seek immediate release of plaintiffs from detention) and a civil complaint seeking declaratory and injunctive relief.

The plaintiffs were Iranian nationals, Muslims, and employed as associate professors at the University of Massachusetts-Dartmouth. They were detained at Logan Airport upon returning home from an academic conference. Counsel for the plaintiffs attempted to contact them at Logan Airport but could not because of the detention.

The plaintiffs requested a temporary restraining order (TRO) against the Executive Order, and Judge Allison Burroughs held a hearing on the TRO on January 28, 2017. On January 29, 2017, Judge Burroughs granted a seven-day TRO and ordered the plaintiffs to file an amended complaint. Per the TRO, the defendants were to comply with airport screening protocols in effect prior to the Executive Order. Further, they were prohibited from detaining or removing individuals from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen who had lawful visas to enter the United States. The scope of the TRO was unclear—it referenced people "similarly situated" to the plaintiffs but did not explain whether that meant just in the District of Massachusetts or nationwide.

On Monday, January 30, 2017, the case was assigned to Judge Nathaniel Gorton. The next day, the Commonwealth of Massachusetts and the University of Massachusetts moved to intervene; Judge Gorton granted the motion on February 2.

On February 1, the plaintiffs filed an amended complaint on behalf of all "noncitizens who are lawfully in the United States after being thoroughly vetted by the U.S. government" as well as Oxfam America, Inc., "a U.S. organization dedicated to reducing poverty around the world." The amended complaint included allegations that the executive order significantly hampered Oxfam's humanitarian mission. It also claimed that the Executive Order continued to be enforced despite the TRO. To secure effective relief, the plaintiffs requested an order requiring defendants to immediately notify airlines about the relief granted. They also added claims that the Executive Order violated free speech, association, and petitioning rights secured by the First Amendment.

On February 3, Judge Gorton held a hearing to determine if the TRO should be extended. In an opinion issued that same day, Judge Gorton began by noting that the Executive Order's use of the word "entry" was best read to indicate that lawful permanent residents (LPRs) were not affected by the travel ban. In light of this reading, plus the Administration's disavowal of coverage of LPRs, he held that the plaintiffs' claim seeking to enjoin the application of the Executive Order to LPRs was moot—there was "no ongoing conduct to enjoin." On the remaining claims, the court held either that the claim was unlikely to succeed or that the remaining plaintiffs lacked standing to assert it. Accordingly, the court declined to extend the TRO.

On March 6, 2017, President Trump rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780. Shortly afterwards, the Commonwealth of Massachusetts and the University of Massachusetts filed a notice of voluntary dismissal. And the named plaintiffs filed a notice of voluntary dismissal on March 20.

This case is now closed.

More information about this case is available at the ACLU of Massachusetts' website, here.

Virginia Weeks - 02/03/2017
Julie Aust - 03/21/2017
Eva Richardson - 05/15/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief denied
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-basis
National origin discrimination
Religion discrimination
General
Access to lawyers or judicial system
Disparate Treatment
False arrest
Habeas Corpus
Placement in detention facilities
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
Detention - criteria
Detention - 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.
Ex parte Young (federal or state officials)
Ex Parte Young (Federal) or Bivens
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) United States
Plaintiff Description Two lawful permanent residents of the United States detained at the airport in Massachusetts, five other Iranian nationals with visas, Oxfam America, the Commonwealth of Massachusetts and the University of Massachusetts
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement Voluntary Dismissal
Order Duration 2017 - 2017
Filing Year 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
White House
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
www.whitehouse.gov
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun. 28, 2017
By: U.S. Department of State
[ Detail ] [ PDF ] [ External Link ]

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

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

  Louhghalam v. Trump
Date: Feb. 4, 2017
By: American Civil Liberties Union of Massachusetts (ACLU of Massachusetts )
[ 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 ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Date: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ 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 ]

Docket(s)
1:17-cv-10154 (D. Mass.)
IM-MA-0007-9000.pdf | Detail
Date: 06/05/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-MA-0007-0001.pdf | Detail
Date: 01/28/2017
Source: PACER [Public Access to Court Electronic Records]
Transcript of Hearing Regarding Temporary Restraining Order
IM-MA-0007-0004.pdf | Detail
Date: 01/29/2017
Source: ACLU
Proposed Order [ECF# 3]
IM-MA-0007-0005.pdf | Detail
Date: 01/29/2017
Source: PACER [Public Access to Court Electronic Records]
Temporary Restraining Order [ECF# 6] (2017 WL 386550) (D. Mass.)
IM-MA-0007-0002.pdf | WESTLAW | Detail
Date: 01/29/2017
Source: PACER [Public Access to Court Electronic Records]
Motion to Extend Deadline to File Amended Complaint [ECF# 13]
IM-MA-0007-0006.pdf | Detail
Date: 01/30/2017
Source: PACER [Public Access to Court Electronic Records]
Motion to Permit Public Access to Electronic Case Files [ECF# 14]
IM-MA-0007-0007.pdf | Detail
Date: 01/30/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Extend Deadline to File Amended Complaint [ECF# 16] (D. Mass.)
IM-MA-0007-0008.pdf | Detail
Date: 01/30/2017
Source: PACER [Public Access to Court Electronic Records]
Order re: Temporary Restraining Order [ECF# 19] (D. Mass.)
IM-MA-0007-0009.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion to Permit Public Access to Electronic Files [ECF# 20] (D. Mass.)
IM-MA-0007-0010.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Supplemental Authority [with attachment from Department of State] [ECF# 23]
IM-MA-0007-0013.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Motion by Plaintiff-Intervenors to Intervene [ECF# 25]
IM-MA-0007-0011.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion to Intervene [ECF# 26]
IM-MA-0007-0012.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Amended Amended for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief [ECF# 28]
IM-MA-0007-0003.pdf | Detail
Date: 02/01/2017
Source: PACER [Public Access to Court Electronic Records]
Motion of Boston Globe Media Partners, LLC for an Order Permitting Remote Access to Electronic Court Filings Pursuant to Fed. R. Civ. P.5.2(c) or to Permit the Public to Print and/or Copy Unsealed Court Records [ECF# 39] (D. Mass.)
IM-MA-0007-0022.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion for an Order Permitting Remote Access to Electronic Court Filings Pursuant to Fed. R. Civ. P.5.2(c) or to Permit the Public to Print and/or Copy Unsealed Court Records [ECF# 40]
IM-MA-0007-0021.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
Motion for Extension of Time to File Opposition to Continuation of Temporary Restraining Order [ECF# 44]
IM-MA-0007-0018.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
Motion for Extension of Time to File Opposition to Continuation of Temporary Restraining Order [ECF# 46]
IM-MA-0007-0020.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
Opposition to Continuation of Temporary Restraining Order [ECF# 50]
IM-MA-0007-0019.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiff-Intervenors' Memorandum in Support of Extending Temporary Restraining Order [ECF# 52]
IM-MA-0007-0015.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiff-Petitioners' and Plaintiffs' Response in Support of Continuation of Temporary Restraining Order and to Set Briefing Schedule for Expedited Preliminary Injunction [ECF# 55]
IM-MA-0007-0017.pdf | Detail
Date: 02/03/2017
Source: PACER [Public Access to Court Electronic Records]
Brief of Amici Curiae Massachusetts Universities in Support of Plaintiffs' Complaint for Declaratory and Injunctive Relief [ECF# 68]
IM-MA-0007-0016.pdf | Detail
Date: 02/03/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order [ECF# 69] (230 F.Supp.3d 26) (D. Mass.)
IM-MA-0007-0014.pdf | WESTLAW| LEXIS | Detail
Date: 02/03/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Voluntary Dismissal Without Prejudice [ECF# 70]
IM-MA-0007-0023.pdf | Detail
Date: 03/09/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Voluntary Dismissal Without Prejudice [ECF# 71]
IM-MA-0007-0024.pdf | Detail
Date: 03/20/2017
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Burroughs, Allison Dale (D. Mass.) show/hide docs
IM-MA-0007-0002
Dein, Judith Gail (D. Mass.) [Magistrate] show/hide docs
IM-MA-0007-0002
Gorton, Nathaniel M. (FISC, D. Mass.) show/hide docs
IM-MA-0007-0008 | IM-MA-0007-0009 | IM-MA-0007-0010 | IM-MA-0007-0014 | IM-MA-0007-0022 | IM-MA-0007-9000
Plaintiff's Lawyers Biagetti, Peter A. (Massachusetts) show/hide docs
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Burnett, Elizabeth B. (Massachusetts) show/hide docs
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Church, Susan (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0003 | IM-MA-0007-0004 | IM-MA-0007-0005 | IM-MA-0007-0006 | IM-MA-0007-0007 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Cohen, Susan J. (Massachusetts) show/hide docs
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Demissie, Derege B. (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0005 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Dewar, Elizabeth N. (Massachusetts) show/hide docs
IM-MA-0007-0011 | IM-MA-0007-0012 | IM-MA-0007-0015 | IM-MA-0007-0023 | IM-MA-0007-9000
Doyle, Kerry E. (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0003 | IM-MA-0007-0004 | IM-MA-0007-0005 | IM-MA-0007-0006 | IM-MA-0007-0007 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Finegan, Susan M. (Massachusetts) show/hide docs
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Gardener, Michael S. (Massachusetts) show/hide docs
IM-MA-0007-0003 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Healey, Maura T. (Massachusetts) show/hide docs
IM-MA-0007-0011 | IM-MA-0007-0012
Lafaille, Adriana (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Miller, Jonathan B. (Massachusetts) show/hide docs
IM-MA-0007-0015 | IM-MA-0007-0023 | IM-MA-0007-9000
Nadeau, Genevieve (Massachusetts) show/hide docs
IM-MA-0007-0015 | IM-MA-0007-0023 | IM-MA-0007-9000
Nathanson, Andrew (Massachusetts) show/hide docs
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Rossman, Jessie J. (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Rotolo, Laura (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024
Segal, Matthew (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0003 | IM-MA-0007-0004 | IM-MA-0007-0005 | IM-MA-0007-0006 | IM-MA-0007-0007 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Wunsch, Sarah (Massachusetts) show/hide docs
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Yountz, Heather (Massachusetts) show/hide docs
IM-MA-0007-0004 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Defendant's Lawyers Farquhar, Rayford A. (Massachusetts) show/hide docs
IM-MA-0007-0004 | IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-9000
Flentje, August E. (District of Columbia) show/hide docs
IM-MA-0007-0019
Peachey, William Charles (District of Columbia) show/hide docs
IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019
Press, Joshua S. (District of Columbia) show/hide docs
IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019 | IM-MA-0007-9000
Readler, Chad Andrew (District of Columbia) show/hide docs
IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019
Sady, Michael P. (Massachusetts) show/hide docs
IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-9000
Shinners, Katherine J. (District of Columbia) show/hide docs
IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019 | IM-MA-0007-9000
Weinreb, William D. (Massachusetts) show/hide docs
IM-MA-0007-0018
Westwater, Gisela Ann (District of Columbia) show/hide docs
IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019
Other Lawyers Albano, Jonathan M. (Massachusetts) show/hide docs
IM-MA-0007-0021 | IM-MA-0007-9000
Boyce, Sarah G. (District of Columbia) show/hide docs
IM-MA-0007-0016 | IM-MA-0007-9000
Brian, Brad D. (California) show/hide docs
IM-MA-0007-0016 | IM-MA-0007-9000
Doyen, Michael R. (California) show/hide docs
IM-MA-0007-0016 | IM-MA-0007-9000
Geeter, Erika (Massachusetts) show/hide docs
IM-MA-0007-0016
Golder, Chad (District of Columbia) show/hide docs
IM-MA-0007-9000
Hall, Emma D. (Massachusetts) show/hide docs
IM-MA-0007-9000
Herlihy, Joseph M. (Massachusetts) show/hide docs
IM-MA-0007-0016
Locke, Steven Ian (New York) show/hide docs
IM-MA-0007-0016
O'Leary, Sheila (Massachusetts) show/hide docs
IM-MA-0007-0016
Rose, Alan D. (Massachusetts) show/hide docs
IM-MA-0007-0016 | IM-MA-0007-9000

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