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Case Name Ali v. Trump IM-WA-0028
Docket / Court 2:17-cv-00135 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration and/or the Border
Presidential/Gubernatorial Authority
Special Collection Trump Travel Ban Challenges
Attorney Organization American Immigration Council's Legal Action Center
Legal Services/Legal Aid
National Immigration Project of the NLG
Northwest Immigrant Rights Project (NWIRP)
Case Summary
This class action lawsuit, filed January 30, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Western District of ... read more >
This class action lawsuit, filed January 30, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Western District of Washington (in Seattle). Plaintiffs were represented by the Northwest Immigrants Rights Project, the National Immigration Project of the National Lawyers Guild, and the American Immigration Council. The case was assigned to District Judge James Robart.

The original plaintiffs were (1) a U.S. citizen and her six-year-old son, then a Somali citizen with a pending immigrant visa application; (2) a U.S. citizen and his 12-year-old daughter, then a Yemeni citizen with an approved immigrant visa application; and a lawful permanent resident and her 16-year-old son—then a Syrian citizen with a pending immigrant visa application. In each case, plaintiffs sought to be reunited as families living in the U.S. The plaintiffs claimed that pursuant to EO-1, review of their pending visa applications was suspended and the plaintiff with the approved visa application was not allowed to board a flight to the U.S.

The complaint argued that EO-1 violated the Immigration and Nationality Act, the Administrative Procedure Act, and Fifth Amendment Equal Protection and Due Process rights. The complaint sought class certification, declaratory relief, and injunctive relief against President Trump in his official capacity, the State Department, the Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Office of the Director of National Intelligence.

On February 2, 2017, the plaintiffs filed a motion seeking certification of a class of
“All nationals of countries designated by Section 3(c) of Executive Order # 13769 (currently Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen), who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals, whose visa applications have been or will be suspended or denied, whose immigrant visas have been or will be revoked, or who have been or will be denied the ability to travel to the United States, on the basis of Executive Order # 13769.”
Plaintiffs then filed a motion for a preliminary injunction and temporary restraining order.

However, on March 6, 2017, the President rescinded the January 27 EO and replaced it with a narrower one, Executive Order 13780 (EO-2). Accordingly, on March 7, the government filed a notice of EO-2 in this case.

In response to EO-2, the plaintiffs filed an amended complaint on March 10, 2017. They claimed that EO-2 did "not remedy the unlawful discrimination against Plaintiffs and proposed class members on these bases, but rather continues it." Two of the plaintiffs from the original complaint left the lawsuit but six others joined the amended complaint.

The amended complaint and accompanying motion for class certification sought to define a class consisting of
"all nationals of countries designated by Section 2 of Executive Order 13780 (currently Iran, Libya, Syria, Somalia, Sudan, and Yemen), who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals; whose visa application adjudication has been or will be suspended or denied, or who have been or will be denied the ability to seek entry into and/or enter the United States, on the basis of Executive Order 13780."
The complaint sought declaratory and injunctive relief for violations of the Immigration and Nationality Act, the Administrative Procedure Act, Fifth Amendment equal protection and due process rights, and the Establishment Clause.

That day, the plaintiffs also filed an emergency motion for a temporary restraining order and preliminary injunctive relief, as well as four accompanying declarations. The motion argued that pending the court's decision in Washington v. Trump on whether or not its nationwide injunction of EO-1 applied to the new EO, "Plaintiffs and proposed class members face immediate irreparable harm on March 16, 2017, the order’s effective date" if the court choose not to extend the nationwide injunction to the EO-2.

On March 17, 2017, the district court stayed the emergency motion in light of the nationwide preliminary injunction granted in Hawaii v. Trump, so as to "conserve its resources and to benefit from any Ninth Circuit rulings in Hawaii v. Trump regarding [EO-2]." On March 30, the government then moved to stay district court proceedings in this case pending the resolution of the defendant's appeal of the preliminary injunction granted in Hawaii v. Trump.

The district court stayed proceedings on May 22, 2017, pending the Ninth Circuit's resolution of the appeal in Hawaii v. Trump and further review by the Supreme Court. In September 2017, the Trump Administration issued Proclamation 9645 (EO-3) banning immigration from Chad, Iran, Libya, North Korea, Yemen, Somalia, and certain groups of non-immigrants from these countries.

In light of EO-3, the Supreme Court vacated its injunction of EO-2 in Hawaii v. Trump and remanded the case to the district court October 2017. The district court in Hawaii then quickly enjoined the third ban. But Hawaii made its way back to the Supreme Court which upheld EO-3 as constitutional in June 2018. The district court in this case stayed proceedings as the Hawaii litigation developed. In light of the Supreme Court's decision in Hawaii, the parties then filed a joint status report in July 2018 where they agreed that the plaintiffs’ pending motions for class certification and injunctive relief were moot, and that the Supreme Court's ruling resolved most of their claims. On September 17, 2018, the plaintiffs filed an unopposed notice for voluntary dismissal.

The district court dismissed the case on September 21, 2018. The case is now closed.

Virginia Weeks - 01/31/2017
Julie Aust - 02/24/2017
Jamie Kessler - 01/30/2018
Virginia Weeks - 09/25/2018
Esteban Woo Kee - 11/19/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Equal Protection
Discrimination-basis
National origin discrimination
General
Disparate Treatment
Family reunification
Terrorism/Post 9-11 issues
Youth / Adult separation
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Family Separation
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.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Mandamus, 28 U.S.C. § 1361
Defendant(s) Office of the Director of National Intelligence
Office of the President of the U.S.
U.S. Citizenship and Immigration Services
U.S. Department of Homeland Security
U.S. Department of State
Plaintiff Description Two U.S. citizens and two U.S. LPRs, and their family members who are citizens of Somalia, Iran, and Syria. Also putative class of "all nationals of countries designated by Section 2 of Executive Order 13780, who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals; whose visa application adjudication has been or will be suspended or denied, or who have been or will be denied the ability to seek entry into and/or enter the United States"
Indexed Lawyer Organizations American Immigration Council's Legal Action Center
Legal Services/Legal Aid
National Immigration Project of the NLG
Northwest Immigrant Rights Project (NWIRP)
Class action status sought Yes
Class action status outcome Mooted before ruling
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Filed 01/30/2017
Case Closing Year 2018
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
Federal Register
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
Federal Register
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

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

  Immigrant Rights Groups File Class Action Suit Challenging Trump Administration’s “Muslim Ban”
American Immigration Council
Date: Mar. 17, 2017
By: American Immigration Council
[ Detail ] [ External Link ]

  Ali v. Trump: Travel Ban on Immigrant Visa Applicants from Several Muslim-Majority Countries
National Immigration Project
Date: March 10, 2017
By: National Immigration Project
[ Detail ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Federal Register
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 ]

  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 ]

Court Docket(s)
W.D. Wash.
09/21/2018
2:17-cv-00135
IM-WA-0028-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
W.D. Wash.
01/30/2017
Complaint - Class Action for Declaratory and Injunctive Relief [ECF# 1]
IM-WA-0028-0001.pdf | External Link | Detail
Source: Plaintiffs' counsel
W.D. Wash.
02/02/2017
Motion for Class Certification [ECF# 3]
IM-WA-0028-0004.pdf | External Link | Detail
W.D. Wash.
02/06/2017
Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 9]
IM-WA-0028-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
02/06/2017
Declarations in Support of Plaintiffs [ECF# 11]
IM-WA-0028-0005.pdf | External Link | Detail
W.D. Wash.
02/27/2017
Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction [ECF# 40]
IM-WA-0028-0011.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/03/2017
Plaintiffs' Reply in Support of Their Motion for a Temporary Restraining Order and Preliminary Injunction [ECF# 50]
IM-WA-0028-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Amended Complaint - Class Action for Declaratory and Injunctive Relief [ECF# 52]
IM-WA-0028-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 53]
IM-WA-0028-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Second Declaration of Matt Adams in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 54]
IM-WA-0028-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Declaration of Olad Issa Omar in Support of Plaintiffs [ECF# 55]
IM-WA-0028-0015.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Declaration of Mozhdeh Oskouian in Support of Plaintiffs [ECF# 56]
IM-WA-0028-0016.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Declaration of Joanna Fischer in Support pf Plaintiffs [ECF# 57]
IM-WA-0028-0017.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Plaintiffs' Second Motion for Class Certification [ECF# 58]
IM-WA-0028-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/10/2017
Mikki the Mime's Motion to Intervene [ECF# 60]
IM-WA-0028-0018.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/13/2017
Praecipe [attaching Declaration of Mozhdeh Oskouian in Support of Plaintiffs] [ECF# 67]
IM-WA-0028-0020.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/13/2017
Declaration of Kristin Macleod-Ball in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 68]
IM-WA-0028-0021.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/14/2017
Defendants' Brief on Whether Injunctive Relief May Be Awarded to an Uncertified Class [ECF# 70]
IM-WA-0028-0022.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/14/2017
Defendants' Opposition to Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 71]
IM-WA-0028-0023.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/14/2017
Plaintiffs' Supplementary Brief in Support of Their Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 72]
IM-WA-0028-0024.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/15/2017
Declaration of Maria Lucia Chavez in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 74]
IM-WA-0028-0025.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/15/2017
Brief of Amicus Curiae Washington State Labor Council Re Motion for TRO (and motion for leave to file) [ECF# 75]
IM-WA-0028-0026.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
03/17/2017
Order Staying Consideration of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief [ECF# 79] (241 F.Supp.3d 1147)
IM-WA-0028-0029.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Wash.
03/29/2017
Order Denying Mikki the Mime's Motion to Intervene [ECF# 83] (2017 WL 8728122)
IM-WA-0028-0031.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Wash.
03/30/2017
Defendants' Motion to Stay District Court Proceedings Pending Resolution of Appeal in Hawaii v. Trump [ECF# 85]
IM-WA-0028-0033.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
04/14/2017
Defendants' Motion to Dismiss [ECF# 94]
IM-WA-0028-0041.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
05/22/2017
Order Granting Motion For Stay [ECF# 95] (2017 WL 2222873)
IM-WA-0028-0042.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wash.
07/14/2017
Joint Status Report [ECF# 98]
IM-WA-0028-0043.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Robart, James L. (W.D. Wash.) show/hide docs
IM-WA-0028-0029 | IM-WA-0028-0031 | IM-WA-0028-0042 | IM-WA-0028-9000
Plaintiff's Lawyers Adams, Matthew (Matt) Hyrum (Washington) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0014 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Chavez, Maria Lucia (Washington) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0025 | IM-WA-0028-0043 | IM-WA-0028-9000
Crow, Melissa E. (District of Columbia) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Kenney, Mary (District of Columbia) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Macleod-Ball, Kristin A. (Massachusetts) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0021 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Madrid, Glenda Melinda Aldana (Washington) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0021 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Oskouian, Mozhdeh (Washington) show/hide docs
IM-WA-0028-0016
Realmuto, Trina (Massachusetts) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Reichlin-Melnick, Aaron (District of Columbia) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Defendant's Lawyers Darrow, Joseph A. (District of Columbia) show/hide docs
IM-WA-0028-9000
Peachey, William Charles (District of Columbia) show/hide docs
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0033 | IM-WA-0028-0041 | IM-WA-0028-0043
Readler, Chad Andrew (District of Columbia) show/hide docs
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0033 | IM-WA-0028-0041 | IM-WA-0028-0043 | IM-WA-0028-9000
Reuveni, Erez (District of Columbia) show/hide docs
IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0041
Westwater, Gisela Ann (District of Columbia) show/hide docs
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0033 | IM-WA-0028-0041 | IM-WA-0028-0043
Young, Stacey Ilene (District of Columbia) show/hide docs
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0033 | IM-WA-0028-0041 | IM-WA-0028-0043 | IM-WA-0028-9000
Other Lawyers Barnard, Kathleen Phair (Washington) show/hide docs
IM-WA-0028-0026 | IM-WA-0028-9000
Iglitzin, Dmitri (Washington) show/hide docs
IM-WA-0028-0026 | IM-WA-0028-9000
Robbins, Jennifer (Washington) show/hide docs
IM-WA-0028-0026 | IM-WA-0028-9000

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