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Case Name Azad v. Trump IM-CA-0084
Docket / Court 2:17-cv-00706 ( 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 of Southern California
Case Summary
In this challenge to President Trump's January 27, 2017 Executive Order banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen, two lawful permanent residents of the U.S. were detained at Los Angeles International Airport on Jan. 28. Represented by the ... read more >
In this challenge to President Trump's January 27, 2017 Executive Order banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen, two lawful permanent residents of the U.S. were detained at Los Angeles International Airport on Jan. 28. Represented by the American Civil Liberties Union of Southern California, on Jan. 29, they filed a petition for writ of habeas corpus and an ex parte application for a temporary restraining order to allow them entry into the U.S.

The case was filed in the U.S. District Court for the Central District of California; it was assigned to Judge Valerie Baker Fairbank. Later on the day of filing, Jan. 29, the plaintiffs were released from detention, mooting their original request for a writ of habeas corpus and their ex parte application for a temporary restraining order. The plaintiffs filed an amended petition and a civil complaint seeking declaratory and injunctive relief. The complaint includes individual plaintiffs detained at the airport, as well as organizations seeking to provide them with legal counsel but unable to do so. It alleges violations of Fifth Amendment due process and equal protection rights, the Administrative Procedure Act, the Immigration and Nationality Act, the First Amendment Establishment Clause, and the Religious Freedom and Restoration Act.

The plaintiffs filed an ex parte application for a temporary restraining order on Feb. 1 regarding practices pursuant to the executive order that target Muslims. A series of declarations were also filed in support of the application, but none of these documents are currently publicly available.

On Feb. 2, the case was reassigned to Judge S. James Otero. On Feb. 3, the plaintiffs withdrew the temporary restraining order motion because LAX was no longer detaining individuals. However, the complaint sought for the court to declare portions of the executive order unlawful. In light of that, the court ordered the plaintiffs to submit a brief indicating why the action was not moot. The plaintiffs did so on Feb. 7., and on Feb. 8, defendants filed a response.

On Feb. 17, plaintiffs filed a stipulation to dismiss the case, presumably in light of the government's announcement that it was planning to rescind the Executive Order and replace it with a different version (and the nationwide injunction against operation of the Order, entered in Washington v. Trump. The court in ordered this case dismissed on Feb. 28. Documents pertaining to the dismissal are not currently available.

The case is now closed.

Virginia Weeks - 02/08/2017
Jamie Kessler - 02/18/2017
Virginia Weeks - 03/01/2017


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Issues and Causes of Action
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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
Over/Unlawful Detention
Placement in detention facilities
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
Detention - criteria
Detention - procedures
Immigration lawyers
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
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) United States
Plaintiff Description Lawful permanent residents of the U.S. detained at Los Angeles International Airport and organizations trying to provide them with legal counsel.
Indexed Lawyer Organizations ACLU of Southern California
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Case Ongoing No
Additional Resources
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  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-706 (C.D. Cal.)
IM-CA-0084-9000.pdf | Detail
Date: 02/17/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
First Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief [ECF# 6]
IM-CA-0084-0001.pdf | Detail
Date: 01/29/2017
Source: PACER [Public Access to Court Electronic Records]
Civil Minutes- General [ECF# 28] (C.D. Cal.)
IM-CA-0084-0002.pdf | Detail
Date: 02/03/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Otero, S. James (C.D. Cal.)
IM-CA-0084-0002 | IM-CA-0084-9000
Standish, Gail J. Court not on record [Magistrate]
IM-CA-0084-9000
Plaintiff's Lawyers Arulanantham, Ahilan T (California)
IM-CA-0084-9000
Bibring, Peter (California)
IM-CA-0084-9000
Brewer, Megan (California)
IM-CA-0084-9000
Iguina, Carmen G. (California)
IM-CA-0084-0001 | IM-CA-0084-9000
Pasquarella, Jennifer (California)
IM-CA-0084-9000
Tolchin, Stacy Eva (California)
IM-CA-0084-0001 | IM-CA-0084-9000
Wong, Adrienna (California)
IM-CA-0084-9000
Defendant's Lawyers Ward, Brian Christopher (District of Columbia)
IM-CA-0084-9000

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