University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Asali v. DHS [voluntarily dismissed] IM-PA-0014
Docket / Court 5:17-cv-00447 ( E.D. Pa. )
State/Territory Pennsylvania
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)
Kairys, Rudovsky, Messing & Feinberg, LLP
Case Summary
On January 31, 2017, the ACLU of Pennsylvania and other counsel filed this action in the U.S. District Court for the Eastern District of Pennsylvania on behalf of a group of Syrian-born U.S. would-be immigrants. The action challenged President Trump’s January 27, 2017 executive order banning ... read more >
On January 31, 2017, the ACLU of Pennsylvania and other counsel filed this action in the U.S. District Court for the Eastern District of Pennsylvania on behalf of a group of Syrian-born U.S. would-be immigrants. The action 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 as a petition for writ of habeas corpus and civil complaint; it sought immediate return of the plaintiffs to the United States. The complaint argued that the federal government's actions violated plaintiffs’ Fifth Amendment equal protection and due process rights, the First Amendment Establishment Clause, the Immigration Nationality Act, and the Administrative Procedure Act. Additionally, the complaint alleged that the defendants' actions were in violation of a temporary restraining order issued by the Eastern District of New York on January 28. That order prohibited defendants from using the executive order to remove the plaintiffs. The case was assigned to Judge Joseph Leeson Jr.

Plaintiffs were all born in Syria. Over a decade ago, one of the plaintiffs immigrated to the United States and later applied for immigrant visas for his two brothers and their families. On December 19, 2016, after waiting thirteen years, plaintiffs were approved for Permanent Resident visas. On January 28, 2017, plaintiffs arrived at Philadelphia International Airport. Immediately, they were detained and denied access to family and counsel. Defendants revoked plaintiffs’ visas and told them that they could either return to Syria or risk arrest; the plaintiffs returned to Syria that day.

At the same time the complaint was filed, plaintiffs filed a motion for a temporary restraining order to have their visas reinstated and be granted immediate re-entry to the U.S. A hearing on the motion was scheduled for February 2, 2017 and then rescheduled for February 8, 2017.

After an intervention by Congressman Charlie Dent (R-PA), plaintiffs' lawyers announced that plaintiffs had received approval to enter the United States on Feb. 5. They left Syria that day and were scheduled to arrive at John F. Kennedy International Airport on Feb. 6. On Feb. 13, after the plaintiffs were admitted to the U.S., the Court ordered the case to be stayed for 60 days so that the parties could discuss settlement. The Court also denied the plaintiff's motion for a temporary restraining order without prejudice.

On Mar. 6, 2017, prompted by an adverse ruling in Washington v. Trump, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

On Apr. 12, the plaintiffs filed a notice of voluntary dismissal. However, it is not publicly available, so far.

The case is now closed.

Additional information may be available here.

Jamie Kessler - 02/02/2017
Ava Morgenstern - 02/15/2017
Julie Aust - 02/07/2017
Virginia Weeks - 06/19/2017


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
Free Exercise Clause
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
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Bivens
Declaratory Judgment Act, 28 U.S.C. § 2201
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) United States
Plaintiff Description Plaintiffs are Syrians who came to the U.S. as Legal Permanent Residents, but were denied admission at the Philadelphia airport and deported.
Indexed Lawyer Organizations ACLU Chapters (any)
Kairys, Rudovsky, Messing & Feinberg, LLP
Class action status sought No
Class action status granted Pending
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement Voluntary Dismissal
Case Closing Year 2017
Case Ongoing No
Additional Resources
click to show/hide detail
  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 ]

  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

  Asali v. Trump
By: American Civil Liberties Union of Pennsylvania (American Civil Liberties Union of Pennsylvania)
[ Detail ] [ External Link ]

Docket(s)
5:17-cv-447 (E.D. Pa.)
IM-PA-0014-9000.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Index of Exhibits
IM-PA-0014-0003.pdf | External Link | Detail
Date: 01/31/2017
Source: Plaintiffs' counsel
Emergency Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-PA-0014-0001.pdf | External Link | Detail
Date: 01/31/2017
Source: Plaintiffs' counsel
Motion for Temporary Restraining Order, Brief in Support of Motion, and Proposed Order [ECF# 3]
IM-PA-0014-0002.pdf | External Link | Detail
Date: 01/31/2017
Source: Plaintiffs' counsel
Order [staying the case and denying TRO without prejudice] [ECF# 11] (E.D. Pa.)
IM-PA-0014-0004.pdf | Detail
Date: 02/13/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 13] (E.D. Pa.)
IM-PA-0014-0005.pdf | Detail
Date: 02/14/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Leeson, Joseph F. Jr. (E.D. Pa.)
IM-PA-0014-0004 | IM-PA-0014-0005 | IM-PA-0014-9000
Plaintiff's Lawyers Diver, Edward (Pennsylvania)
IM-PA-0014-0001 | IM-PA-0014-0002 | IM-PA-0014-0003
Feinberg, Jonathan H. (Pennsylvania)
IM-PA-0014-9000
Gansallo, Ayodele A (Pennsylvania)
IM-PA-0014-0001 | IM-PA-0014-0002 | IM-PA-0014-0003
Hohenstein, Joseph C. (Pennsylvania)
IM-PA-0014-0001 | IM-PA-0014-0002 | IM-PA-0014-0003 | IM-PA-0014-9000
Messing, Paul (Pennsylvania)
IM-PA-0014-0001 | IM-PA-0014-0002 | IM-PA-0014-0003
Roper, Mary Catherine (Pennsylvania)
IM-PA-0014-0001 | IM-PA-0014-0002 | IM-PA-0014-0003
Tack-Hooper, Molly M. (Pennsylvania)
IM-PA-0014-9000
Defendant's Lawyers Darrow, Joseph A. (District of Columbia)
IM-PA-0014-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -