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Case Name Mohammed v. Trump IM-CA-0087
Docket / Court 2:17-cv-00786-AB-PLA ( 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
Case Summary
On January 31, 2017, this class action was filed in the U.S. District Court for the Central District of California, to challenge President Trump’s January 27, 2017 Executive Order (EO) banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The suit ... read more >
On January 31, 2017, this class action was filed in the U.S. District Court for the Central District of California, to challenge President Trump’s January 27, 2017 Executive Order (EO) banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The suit alleged that the EO illegally targeted Muslims.

Represented by private attorneys, the named plaintiffs were Yemeni-born U.S. citizens and noncitizens. Some of the named plaintiffs lived in the U.S. The others were family members who had been issued immigrant visas and had left Yemen for the U.S. before the EO was announced; they were issued visas in Djibouti but prevented from boarding their plane to the U.S.

On Jan. 31, 2017, plaintiffs filed a motion for an emergency temporary restraining order (TRO). The case was initially assigned to Judge Andre Birotte Jr.; he granted the motion that same day. The order barred the defendants from enforcing the EO by removing, detaining, or blocking entry of the plaintiffs or any person from the seven listed countries holding a valid immigrant visa. It also ordered the defendants to return to the plaintiffs any confiscated visas and immediately inform all relevant airport officials that they are permitted to travel to the U.S. Finally, the order barred defendants from further canceling any of the plaintiffs’ validly obtained visas. We cannot tell from the order whether it was local or national.

The case was eventually transferred to Judge S. James Otero.

On Feb. 21, plaintiffs filed an amended complaint and a motion for class certification. That same day, the court held a status conference where it determined that the TRO issued on Jan. 31 would not be extended or converted into a preliminary injunction. The court found that, given the existence of the nationwide TRO issued in Washington v. Trump, the plaintiffs had not demonstrated that irreparable harm would occur in the event that this court's TRO were dissolved. Further, the plaintiffs' counsel were unable to identify any named plaintiffs with validly-issued immigrant visas who were currently being denied the ability to immigrate to the US.

On Mar. 6, 2017, prompted by the Washington v. Trump litigation, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780. On Mar. 7, the defendants filed a notice in this case, presumably informing the Court of the new EO (the notice it is not publicly available).

The plaintiffs filed a second amended complaint on May 16.

Separately, on Jun. 26, the Supreme Court granted the government's petition for certiorari for IRAP v. Trump and Hawaii v. Trump. The same day, this court invited the parties to submit a joint status report by Jul. 6 "[i]n light of the Supreme Court's granting of certiorari and narrowing of the two nationwide injunctions." The court asked the parties to address if "either side believe[d] that any putative class members located abroad 'lack any bona fide relationship with a person or entity in the United States?'" The court also asked the parties to answer if it should "exercise its discretion to stay these proceedings pending the Supreme Court's decision in IRAP regarding the merits of constitutional and statutory challenges to EO-2." Finally, the court urged the parties to not use the Supreme Court's pending decision as a way of delaying processing valid visa applications.

On Aug. 21, this court stayed all discovery related to the plaintiffs' Establishment Clause Claim until after the Supreme Court issues an opinion. The court also denied class certification, but permitted the plaintiffs to re-file such a motion addressing the court's concerns by "carefully and precisely defin[ing] the class to eliminate overbreadth and vagueness frailties." Finally, the court severed and dismissed without prejudice the plaintiffs' mandamus claims.

On Aug. 31, the defendants moved to stay the case pending Supreme Court proceedings. In October, the court granted the stay.

Many of the documents for this case are not available. The case is ongoing.

Jamie Kessler - 10/21/2017
Ava Morgenstern - 02/19/2017
Virginia Weeks - 09/01/2017
Julie Aust - 03/08/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Establishment Clause
Content of Injunction
Preliminary relief granted
Discrimination-basis
National origin discrimination
Religion discrimination
General
Disparate Treatment
Family reunification
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Causes of Action
Defendant(s) United States
Plaintiff Description Yemeni-born U.S. citizens and noncitizens affected by Jan. 27, 2017 Executive Order.
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
None yet
Order Duration 2017 - n/a
Case Ongoing Yes
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)
No docket sheet currently in the collection
General Documents
Order Granting Emergency Motion for Temporary Restraining Order [ECF# 7] (C.D. Cal.)
IM-CA-0087-0001.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Brief of the Fred T. Korematsu Center for Law and Equality, Civil Rights Organizations, and National Bar Associations of Color, As Amici Curiae in Support of Plaintiffs [ECF# 40]
IM-CA-0087-0002.pdf | External Link | Detail
Date: 02/08/2017
Minutes in Chambers [Deny Plaintiffs' Ex Parte Application for Reconsideration of Court's Order] [ECF# 69] (C.D. Cal.)
IM-CA-0087-0005.pdf | Detail
Date: 03/02/2017
Source: PACER [Public Access to Court Electronic Records]
Proceedings: Order Denying Plaintiffs' Motion For Class Certification [ECF# 100] (C.D. Cal.)
IM-CA-0087-0006.pdf | Detail
Date: 08/21/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Birotte, Andre Jr. (C.D. Cal.)
IM-CA-0087-0001
Otero, S. James (C.D. Cal.)
IM-CA-0087-0005 | IM-CA-0087-0006
Other Lawyers Chang, Robert S. (Washington)
IM-CA-0087-0002
Johnson, Robert Alan (New York)
IM-CA-0087-0002
Weisel, Jessica M. (California)
IM-CA-0087-0002

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