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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
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 Jan. 27, 2017 Executive Order banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The suit alleged that ... 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 Jan. 27, 2017 Executive Order banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The suit alleged that the Executive Order 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 Executive Order was announced; they were issued visas in Djibouti but prevented from boarding their plane to the U.S.

On January 31, 2017, plaintiffs filed a motion for an emergency temporary restraining order. 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 Executive Order 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.

On February 2, 2017, the case was transferred to Judge S. James Otero.

A hearing regarding the request for a preliminary injunction was held on Feb. 10, at which time the parties were allowed to file a joint stipulation to continue the hearing regarding the preliminary injunction to Feb. 21. In the meantime, the parties are trying to reach a stipulation to dismiss.

On Feb. 13, counsel for the Fred T. Korematsu Center filed an amicus brief.

On Feb. 21, plaintiffs filed an amended complaint and a motion for class certification. However, those documents are not yet available.

Also on Feb. 21, the court held a status conference where it determined that the TRO issued on Jan. 31 would not be extended or converted into a PI. 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 Feb. 27, the defendants filed an ex parte application to continue time to respond to the amended complaint and the hearing on motion for class certification to May 7 and June 27, respectively. The court granted the application on Feb. 28.

On Mar. 6, 2017, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780. How the new order will affect existing litigation is not yet clear; we will continue to update this case. On March 7, the defendants filed a notice, though it is not yet publicly available.

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

Jamie Kessler - 02/21/2017
Ava Morgenstern - 02/19/2017
Virginia Weeks - 02/16/2017
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
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.
Indexed Lawyer Organizations None on record
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
Form of Settlement None on record
Order Duration 2017 - n/a
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Written: Mar. 06, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Written: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Written: Feb. 01, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Written: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Written: Jan. 29, 2017
By: DHS Secretary John Kelly (Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Written: Jan. 30, 2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
2:17-cv-00786-AB-PLA (C.D. Cal.) 03/07/2017
IM-CA-0087-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
[ECF #7] Order Granting Emergency Motion for Temporary Restraining Order 01/31/2017 (C.D. Cal.)
IM-CA-0087-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #40] 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 02/08/2017
IM-CA-0087-0002.pdf | Detail
[ECF #65] Order Extending Time to Respond to First Amended Complaint and Hearing on Motion for Class Certification 02/28/2017 (C.D. Cal.)
IM-CA-0087-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #66] Order on Ex Parte Application for Appointment of Guardian Ad Litem 03/01/2017 (C.D. Cal.)
IM-CA-0087-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #69] Minutes in Chambers [Deny Plaintiffs' Ex Parte Application for Reconsideration of Court's Order] 03/02/2017 (C.D. Cal.)
IM-CA-0087-0005.pdf | Detail
Document 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-0087-0003 | IM-CA-0087-0004 | IM-CA-0087-0005 | IM-CA-0087-9000
Standish, Gail J. Court not on record [Magistrate]
IM-CA-0087-9000
Monitors/Masters None on record
Plaintiff's Lawyers Covarrubias−Klein, Daniel A. (New York)
IM-CA-0087-9000
Goldberg, Julie Ann (New York)
IM-CA-0087-9000
Defendant's Lawyers Darrow, Joseph A. (District of Columbia)
IM-CA-0087-9000
Go, Samuel P. (District of Columbia)
IM-CA-0087-9000
Other Lawyers Chang, Robert S. (Washington)
IM-CA-0087-0002 | IM-CA-0087-9000
Johnson, Robert Alan (New York)
IM-CA-0087-0002 | IM-CA-0087-9000
Weisel, Jessica M. (California)
IM-CA-0087-0002 | IM-CA-0087-9000

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