University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Vayeghan v. Kelly IM-CA-0083
Docket / Court 17-0702 ( C.D. Cal. )
State/Territory California
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)
ACLU of Southern California
Case Summary
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 ... read more >
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 is representing 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; opposition is due May 8, reply on May 15, and a hearing on June 5. 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 terms of the settlement are not currently available.

Many of the documents for this case are not yet available. 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


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Content of Injunction
Preliminary relief granted
Discrimination-basis
National origin discrimination
Religion discrimination
General
Access to lawyers or judicial system
Disparate Treatment
Habeas Corpus
Over/Unlawful Detention
Placement in detention facilities
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Immigration lawyers
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.
Bivens
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Iranian citizen with a U.S. visa
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Southern California
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Unknown
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2017 - n/a
Case Closing Year 2017
Case Ongoing No
Additional Resources
click to show/hide detail
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
White House
Date: Oct. 24, 2017
By: United States (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 ]

  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)
2:17-cv-00702 (C.D. Cal.)
IM-CA-0083-9000.pdf | Detail
Date: 06/27/2017
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-CA-0083-0002.pdf | Detail
Date: 01/28/2017
Source: PACER [Public Access to Court Electronic Records]
Order [granting TRO] [ECF# 5] (C.D. Cal.)
IM-CA-0083-0001.pdf | Detail
Date: 01/29/2017
Source: PACER [Public Access to Court Electronic Records]
Temporary Restraining Order [Amended and Corrected] [ECF# 6] (C.D. Cal.)
IM-CA-0083-0003.pdf | Detail
Date: 01/29/2017
Source: PACER [Public Access to Court Electronic Records]
Order Re Stipulated Dismissal With Prejudice [ECF# 32] (C.D. Cal.)
IM-CA-0083-0006.pdf | Detail
Date: 06/27/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Gee, Dolly Maizie (C.D. Cal.)
IM-CA-0083-0001 | IM-CA-0083-0003
Otero, S. James (C.D. Cal.)
IM-CA-0083-0006 | IM-CA-0083-9000
Standish, Gail J. Court not on record [Magistrate]
IM-CA-0083-9000
Plaintiff's Lawyers Arulanantham, Ahilan T (California)
IM-CA-0083-0002 | IM-CA-0083-9000
Bibring, Peter (California)
IM-CA-0083-0002 | IM-CA-0083-9000
Brewer, Megan (California)
IM-CA-0083-0002 | IM-CA-0083-9000
Iguina, Carmen G. (California)
IM-CA-0083-0002 | IM-CA-0083-9000
Pasquarella, Jennifer (California)
IM-CA-0083-0002 | IM-CA-0083-9000
Tolchin, Stacy Eva (California)
IM-CA-0083-0002 | IM-CA-0083-9000
Defendant's Lawyers Ward, Brian Christopher (District of Columbia)
IM-CA-0083-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -