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Case Name Al-Mowafak v. Trump IM-CA-0088
Docket / Court 3:17-cv-00557 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization ACLU Chapters (any)
ACLU Immigrants' Rights Project
ACLU of Northern California
ACLU of Southern California
Case Summary
This class action was filed on Feb. 2, 2017 in response to President Trump’s Jan. 27, 2017 Executive Order ("EO") ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Plaintiffs, represented by the ACLU of Northern California and the law firm Keker & ... read more >
This class action was filed on Feb. 2, 2017 in response to President Trump’s Jan. 27, 2017 Executive Order ("EO") ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Plaintiffs, represented by the ACLU of Northern California and the law firm Keker & Van Nest, also challenged the Department of State's Jan. 27 letter "provisionally revoking all valid nonimmigrant and immigrant visas" of nationals of these nations. The action was filed in the United States District Court for the Northern District of California, seeking declaratory and injunctive relief.

The complaint argued that the Department of State letter expanded the scope of the EO to include covered nationals living in the U.S. as well those trying to gain entry to the U.S. It further argued that the text and history of these documents demonstrated discriminatory intent on the basis of nationality, place of birth, place of residence, or religion, and that they violate the First Amendment's Establishment, Free Exercise, Speech, and Assembly Clauses; Fifth Amendment equal protection and due process rights; the Religious Freedom Restoration Act; the Immigration and Nationality Act; and the Administrative Procedure Act.

Plaintiffs were students attending California schools, the ACLU of Northern California, and Jewish Family & Community Services East Bay. The complaint sought class certification for "persons who are nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen (the “Designated Countries”) who currently are, or recently have been, lawfully present in California and who, but for the January 27, 2017 Executive Order and the Provisional Revocation Letter, would be able to travel to the United States or leave and return to the United States."

The case was assigned to Judge William Orrick.

On Feb. 2, the plaintiffs moved to proceed anonymously, and the court granted their motion on Feb. 28.

On Mar. 6, 2017, prompted by adverse developments in the Washington v. Trump litigation in the 9th Circuit, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

The plaintiffs responded to the new EO. On Mar. 13, plaintiffs filed a first amended complaint, arguing that the new EO "resolves none of [the] fatal flaws" of the first EO. In addition to the violations stated in the first complaint, the amended complaint adds that the EO violates the separation of powers "because it is contrary to Congress’s establishment of uniform rules of naturalization, as expressed in the Immigration and Nationality Act (“INA”), and because it exceeds the President’s constitutional authority at the expense of Congress’s power to legislate."

On Mar. 16, plaintiffs filed a motion for preliminary injunction (PI). On Mar. 22, the plaintiffs filed a motion to certify their class. The defendants filed their opposition to the plaintiff's motion for a PI on Mar. 30.

In the meantime, other litigation against the second EO was also proceeding; on March 15, the U.S. District Court for the District of Hawaii enjoined the second EO in Hawaii v. Trump; the U.S. appealed to the 9th Circuit on March 30. On Apr. 5, in this case, the U.S. filed a motion to stay proceedings pending the outcome of that 9th Circuit appeal; the plaintiffs filed their opposition on Apr. 11. Oral argument in the 9th Circuit was set for 15, so in this case, Judge Orrick set the PI hearing for May 31, if the Ninth Circuit rules by May 24. In light of the 4th Circuit's ruling in IRAP v. Trump on May 25 and the government's statement it will seek Supreme Court review, the court vacated the PI hearing.

The parties had a case management conference on May 31. On June 19, the court approved the parties' stipulation to stay most of the proceedings while the nationwide injunction from Hawai’i v. Trump remains in effect.

Many of the documents in this case are not publicly available. This case is ongoing.

Virginia Weeks - 03/23/2017
Jamie Kessler - 03/20/2017
Virginia Weeks - 06/21/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Discrimination-basis
National origin discrimination
Religion discrimination
General
Disparate Treatment
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration
Admission - criteria
Admission - procedure
Constitutional rights
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
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 Students attending California schools, the ACLU of Northern California, and Jewish Family & Community Services East Bay.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU Immigrants' Rights Project
ACLU of Northern California
ACLU of Southern California
Class action status sought Yes
Class action status granted Unknown
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
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)
3:17−cv−00557−WHO (N.D. Cal.)
IM-CA-0088-9000.pdf | Detail
Date: 06/19/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0088-0001.pdf | Detail
Date: 02/02/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Administrative Motion for Leave to Proceed Anonymously [ECF# 31] (N.D. Cal.)
IM-CA-0088-0002.pdf | Detail
Date: 02/28/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint for Declaratory and Injunctive Relief [ECF# 36]
IM-CA-0088-0003.pdf | Detail
Date: 03/13/2017
Source: PACER [Public Access to Court Electronic Records]
Order Regarding Case Management Conference [ECF# 65] (N.D. Cal.)
IM-CA-0088-0007.pdf | Detail
Date: 05/26/2017
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order Regarding Partial Stay [ECF# 69] (N.D. Cal.)
IM-CA-0088-0008.pdf | Detail
Date: 06/19/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Orrick, William Horsley III Court not on record
IM-CA-0088-0002 | IM-CA-0088-0007 | IM-CA-0088-0008 | IM-CA-0088-9000
Plaintiff's Lawyers Arulanantham, Ahilan T (California)
IM-CA-0088-9000
Bardis, Vakili (California)
IM-CA-0088-9000
Coleman, Novella (California)
IM-CA-0088-9000
Freeman, William S. (California)
IM-CA-0088-9000
Gelernt, Lee (New York)
IM-CA-0088-9000
Jackson, Daniel E. (California)
IM-CA-0088-0008 | IM-CA-0088-9000
Jadwat, Omar C. (New York)
IM-CA-0088-9000
Kanig, Ian Asher (California)
IM-CA-0088-0008 | IM-CA-0088-9000
Lauridsen, Robert Adam (California)
IM-CA-0088-0001 | IM-CA-0088-0003 | IM-CA-0088-0008 | IM-CA-0088-9000
Loy, John David (California)
IM-CA-0088-9000
Mass, Julia Harumi (California)
IM-CA-0088-0003 | IM-CA-0088-9000
Newell, Jennifer Chang (California)
IM-CA-0088-9000
Rapaport, Jay (California)
IM-CA-0088-0008 | IM-CA-0088-9000
Risher , Michael Temple (California)
IM-CA-0088-9000
Santacana, Eduardo E. (California)
IM-CA-0088-0008 | IM-CA-0088-9000
Segura, Andre Ivan (California)
IM-CA-0088-9000
Sun, Christine Patricia (California)
IM-CA-0088-0001 | IM-CA-0088-9000
Thacher, Frances Cheston (California)
IM-CA-0088-9000
Thacher, Thomas Day (New York)
IM-CA-0088-0008 | IM-CA-0088-9000
Vakili, Bardis (California)
IM-CA-0088-9000
Wang, Cecillia D (California)
IM-CA-0088-9000
Yang, Grace Yu-Ting (California)
IM-CA-0088-0008 | IM-CA-0088-9000
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
IM-CA-0088-0008 | IM-CA-0088-9000
Garg, Arjun (District of Columbia)
IM-CA-0088-0008 | IM-CA-0088-9000
Rosenberg, Brad P. (District of Columbia)
IM-CA-0088-0008 | IM-CA-0088-9000
Other Lawyers Readler, Chad A. (District of Columbia)
IM-CA-0088-0008
Ricketts, Jennifer (District of Columbia)
IM-CA-0088-0008
Stretch, Brian (District of Columbia)
IM-CA-0088-0008
Tyler, John Russell (District of Columbia)
IM-CA-0088-0008

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