University of Michigan Law School
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Case Name Azimi v. Trump [Voluntarily dismissed] IM-NY-0054
Docket / Court 1:17-cv-00096 ( W.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization Legal Services/Legal Aid
Case Summary
On January 31, 2017, two F1 student visa holders, represented by the NYU Law School Immigrant Rights Clinic, filed this lawsuit in the U.S. District Court for the Western District of New York, after being detained by U.S. Customs and Border Protection (CBP) upon their arrival at the Buffalo Port of ... read more >
On January 31, 2017, two F1 student visa holders, represented by the NYU Law School Immigrant Rights Clinic, filed this lawsuit in the U.S. District Court for the Western District of New York, after being detained by U.S. Customs and Border Protection (CBP) upon their arrival at the Buffalo Port of Entry on the evening of January 31, 2017. Petitioners are Muslim Iranian F1 student visa holders who attend the New York University Tandon School of Engineering. The complaint alleged that CBP detained the plaintiffs solely pursuant to an executive order issued by President Donald Trump on January 27, 2017 suspending entry into the United States of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. The complaint further alleged that this executive order was being enforced against them contrary to nationwide federal court stays, including the ones issued in Louhghalem/Tootkaboni v. Trump. Petitioners claimed that their continued detention and bar to entry based solely on the executive order violated their Fifth Amendment procedural and substantive due process rights, violated the First Amendment Establishment Clause, violated the Administrative Procedure Act, violated Religious Freedom Restoration Act, and was ultra vires under the immigration statutes. The complaint was filed as a writ of habeas corpus (to seek immediate release of plaintiffs from detention), and as a civil complaint seeking declaratory and injunctive relief.

On February 1, 2017, the plaintiffs filed a notice of voluntary dismissal. It seems likely the plaintiffs were released from detention. On February 2, 2017, the case was terminated. No judge was assigned.

This case is closed.

Julie Aust - 02/03/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
Religion discrimination
General
Habeas Corpus
Over/Unlawful Detention
Terrorism/Post 9-11 issues
Immigration
Admission - criteria
Admission - procedure
Constitutional rights
Detention - criteria
Detention - procedures
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
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
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 Two F1 student visa holders who attend the New York University Tandon School of Engineering.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Case Closing Year 2017
Case Ongoing No
Additional Resources
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Links Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Written: 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
Written: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ External Link ]

  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 ]

  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 ]

  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 ]

  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 ]

  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 ]

  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 ]

Docket(s)
1:17−cv−00096 (W.D.N.Y.)
IM-NY-0054-9000.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-NY-0054-0001.pdf | Detail
Date: 02/01/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Voluntary Dismissal [ECF# 2]
IM-NY-0054-0002.pdf | Detail
Date: 02/01/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Lawyers Das, Alina (New York)
IM-NY-0054-0001
Hallett, Amber Nicole (Connecticut)
IM-NY-0054-0001 | IM-NY-0054-0002 | IM-NY-0054-9000

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