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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
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, represented by the American Civil Liberties Union, filed this lawsuit in the United States District Court for the District of Massachusetts, after being detained at Boston Logan Airport as they were trying to return home to ... read more >
On January 28, 2017, two lawful permanent residents of the United States, represented by the American Civil Liberties Union, filed this lawsuit in the United States District Court for the District of Massachusetts, after being detained at Boston Logan Airport as they were trying to return home to Massachusetts. The complaint claimed that the plaintiffs were detained solely due to an 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. It further alleged that in denying lawful permanent residents entry back home after a brief visit abroad, the executive order violates Fifth Amendment equal protection and due process rights, the First Amendment 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 detained at the airport upon returning home from an academic conference. They are both associate professors at the University of Massachusetts-Dartmouth, lawful permanent residents of the United States, Iranian nationals, and Muslims. Counsel for the plaintiffs attempted to contact them at Logan Airport, but was unable to due to the detention.

A hearing was held before Judge Allison Burroughs on January 28, 2017 for a temporary restraining order. On January 29, 2017, Judge Burroughs granted a seven-day temporary restraining order and ordered the plaintiffs to file an amended complaint. Per the temporary restraining order, defendants are to comply with airport screening protocols in effect prior to the executive order. Further, they are prohibited from detaining or removing individuals from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen who have lawful visas to enter the United States. The scope of the TRO is unclear--it references people "similarly situated" to the plaintiff, but does not explain whether that means just in the District of Massachusetts or nationwide.

The case was assigned to Judge Burroughs just for the weekend; on Monday, Jan. 30, 2017, it was reassigned in the normal course to Judge Nathaniel Gorton.

The state of Massachusetts and the University of Massachusetts were both granted permission to intervene.

On Feb. 1, the plaintiff filed an amended complaint on behalf of plaintiffs designated as "noncitizens who are lawfully in the United States after being thoroughly vetted by the U.S. government" as well as on behalf of Oxfam America, Inc., "a U.S. organization dedicated to reducing poverty around the world." The complaint argues that the executive order significantly hampers Oxfam's humanitarian mission. In addition to seeking declaratory and injunctive relief, the plaintiffs also seek an order requiring defendants to immediately notify airlines about the relief granted. The amended complaint argues that the executive order continues to be enforced despite the court's grant of the temporary restraining order. It further alleges that the executive order violates Fifth Amendment equal protection and due process rights; the Administrative Procedure Act; and the First Amendment Establishment, Free Speech, Free Association, and Petitioning clauses.

On February 3, Judge Gorton held a hearing on what he described as "the informal motion of all of the plaintiffs to continue in force the subject TRO which defendant opposes."

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 all the rest of the 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 denied continuation of the TRO.

On Mar. 6, 2017, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

On Mar. 9, Intervenor Plaintiffs the Commonwealth of Massachusetts and the University of Massachusetts filed a notice of voluntary dismissal.

On Mar. 20, the named plaintiffs filed a notice of voluntary dismissal.

This case is now closed.

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

Virginia Weeks - 02/03/2017
Julie Aust - 03/21/2017


compress summary

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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
Discrimination-basis
Religion discrimination
General
Access to lawyers or judicial system
Disparate Treatment
False arrest
Habeas Corpus
Placement in detention facilities
Terrorism/Post 9-11 issues
Immigration
Admission - criteria
Admission - procedure
Constitutional rights
Detention - criteria
Detention - 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.
Bivens
Ex parte Young (federal or state officials)
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
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
Case Closing Year 2017
Case Ongoing No
Additional Resources
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Links Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Written: Mar. 06, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

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

  Louhghalam v. Trump
Written: Feb. 04, 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
Written: Feb. 01, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

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

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Written: Jan. 29, 2017
By: DHS Secretary John Kelly (Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

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

Docket(s)
1:17-cv-10154 (D. Mass.)
IM-MA-0007-9000.pdf | Detail
Date: 03/20/2017
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] (2017 WL 479779) (D. Mass.)
IM-MA-0007-0014.pdf | WESTLAW | 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]
Judges Burroughs, Allison Dale (D. Mass.)
IM-MA-0007-0002
Dein, Judith Gail (D. Mass.) [Magistrate]
IM-MA-0007-0002
Gorton, Nathaniel M. (D. Mass., FISC)
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)
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Burnett, Elizabeth B. (Massachusetts)
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Church, Susan (Massachusetts)
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)
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Demissie, Derege B. (Massachusetts)
IM-MA-0007-0001 | IM-MA-0007-0005 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Dewar, Elizabeth N. (Massachusetts)
IM-MA-0007-0011 | IM-MA-0007-0012 | IM-MA-0007-0015 | IM-MA-0007-0023 | IM-MA-0007-9000
Doyle, Kerry E. (Massachusetts)
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)
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Gardener, Michael S. (Massachusetts)
IM-MA-0007-0003 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Healey, Maura T. (Massachusetts)
IM-MA-0007-0011 | IM-MA-0007-0012
Lafaille, Adriana (Massachusetts)
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Miller, Jonathan B. (Massachusetts)
IM-MA-0007-0015 | IM-MA-0007-0023 | IM-MA-0007-9000
Nadeau, Genevieve (Massachusetts)
IM-MA-0007-0015 | IM-MA-0007-0023 | IM-MA-0007-9000
Nathanson, Andrew (Massachusetts)
IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Rossman, Jessie J. (Massachusetts)
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Rotolo, Laura (Massachusetts)
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024
Segal, Matthew (Massachusetts)
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)
IM-MA-0007-0001 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Yountz, Heather (Massachusetts)
IM-MA-0007-0004 | IM-MA-0007-0017 | IM-MA-0007-0024 | IM-MA-0007-9000
Defendant's Lawyers Farquhar, Rayford A. (Massachusetts)
IM-MA-0007-0004 | IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-9000
Flentje, August E. (District of Columbia)
IM-MA-0007-0019
Peachey, William Charles (District of Columbia)
IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019
Press, Joshua S. (District of Columbia)
IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019 | IM-MA-0007-9000
Readler, Chad A. (District of Columbia)
IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019
Sady, Michael P. (Massachusetts)
IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-9000
Shinners, Katherine J. (District of Columbia)
IM-MA-0007-0013 | IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019 | IM-MA-0007-9000
Weinreb, William D. (Massachusetts)
IM-MA-0007-0018
Westwater, Gisela Ann (District of Columbia)
IM-MA-0007-0018 | IM-MA-0007-0019 | IM-MA-0007-0019
Other Lawyers Albano, Jonathan M. (Massachusetts)
IM-MA-0007-0021 | IM-MA-0007-9000
Boyce, Sarah G. (District of Columbia)
IM-MA-0007-0016 | IM-MA-0007-9000
Brian, Brad D. (California)
IM-MA-0007-0016 | IM-MA-0007-9000
Doyen, Michael R. (California)
IM-MA-0007-0016 | IM-MA-0007-9000
Geeter, Erika (Massachusetts)
IM-MA-0007-0016
Golder, Chad (District of Columbia)
IM-MA-0007-9000
Hall, Emma D. (Massachusetts)
IM-MA-0007-9000
Herlihy, Joseph M. (Massachusetts)
IM-MA-0007-0016
Locke, Steven Ian (New York)
IM-MA-0007-0016
O'Leary, Sheila (Massachusetts)
IM-MA-0007-0016
Rose, Alan D. (Massachusetts)
IM-MA-0007-0016 | IM-MA-0007-9000

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