This action, filed on January 28, 2017 in the U.S. District Court for the Central District of California, challenged President Trump’s January 27, 2017 executive order banning nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States. The case was filed on behalf of an Iranian citizen with a U.S. visa, as a petition for writ of habeas corpus seeking immediate release from detention and a civil complaint seeking declaratory and injunctive relief. The complaint argued that detaining a lawful U.S. visa holder solely pursuant to the executive order violates Fifth Amendment equal protection and due process rights, the First Amendment Establishment Clause, the Administrative Procedure Act, the Religious Freedom Restoration Act, and the Immigration and Nationality Act. The ACLU of Southern California represented the plaintiff.

The plaintiff was an Iranian citizen with a U.S. visa issued pursuant to a petition filed by his son, who was a U.S. citizen. When he landed at Los Angeles International Airport on the evening the executive order was issued, U.S. Customs and Border Protection detained him and threatened to deport him back to Iran as soon as the next day. Had he been granted admission to the U.S., he was to receive a green card seven weeks later. While detained at the airport, the plaintiff was denied access to counsel.

At the same time as the complaint was filed, the plaintiff also filed an ex parte application for a temporary restraining order to stay his removal (deportation). However, before the court could review the application, the plaintiff was placed on a flight to Dubai. The plaintiff filed an amended application on January 29, 2017, and Judge Dolly Gee granted the temporary restraining order that same day. The order requires the federal government to transport the plaintiff back to the U.S. and permit him to enter the country.

The assignment to Judge Gee was on an emergency basis over the weekend; on Monday, Jan. 30, 2017, following ordinary procedures, the case was reassigned to Judge S. James Otero.

In February, a series of procedural updates took place: a status conference was set to discuss compliance with the temporary restraining order, the case was transferred to Magistrate Judge Gail J. Standish for Discovery. Additionally, the plaintiff filed a status report on Feb. 9, though it is not currently available publicly, and a status conference was held the following day.

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

On Mar. 17, defendants filed a status report. Then on Apr. 25, defendants filed a motion to dismiss. On May 4, the plaintiffs filed a stipulation to vacate the hearing on defendant’s motion to dismiss. The court ordered the hearing vacated on May 8, as well as stayed the briefing schedule until further notice.

The plaintiffs filed notice of voluntary dismissal on June 26, and the court ordered the case closed on June 27. The Clearinghouse does not have access to the terms of the settlement.

This case is now closed.

Virginia Weeks - 01/30/2017
Julie Aust - 02/18/2017
Virginia Weeks - 06/29/2017
Jamie Kessler - 04/25/2017


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