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Case Name Al Homssi v. Trump [voluntarily dismissed] IM-IL-0019
Docket / Court 1:17-cv-00801 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration and/or the Border
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Case Summary
This action, filed Jan. 31, 2017, challenges President Trump’s Jan. 27, 2017 Executive Order ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint alleges that in preventing the plaintiff, a Syrian national with a valid U.S. visa, from ... read more >
This action, filed Jan. 31, 2017, challenges President Trump’s Jan. 27, 2017 Executive Order ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint alleges that in preventing the plaintiff, a Syrian national with a valid U.S. visa, from returning to the U.S. pursuant to the EO, the defendants violated the First Amendment Establishment Clause, Fifth Amendment due process and equal protection rights, the Immigration and Nationality Act, the Administrative Procedure Act, and international law. The case was filed in the U.S. District Court for the Northern District of Illinois, seeking declaratory and injunctive relief.

The plaintiff, represented by private counsel and Prof. Bernard Harcourt of Columbia Law School, was a physician resident in the University of Illinois Chicago/Advocate Christ Hospital. He returned to the United Arab Emirates to get married on Jan. 23, and upon returning to the U.S. to continue his residency, he was detained at Abu Dhabi International Airport on Jan 29. Despite his valid visa, he was detained pursuant to the EO. If the plaintiff could not return to the U.S., he faced the risk of being deported to Syria, where he is a citizen but has never been a resident.

That same day, the plaintiff also filed a motion for a temporary restraining order and preliminary injunction. The case was assigned to Judge Elaine Bucklo. At a status hearing on February 1, the parties told the judge they had reached a "settlement in principle." Judge Bucklo set a status hearing for February 9 at which they could update her on the progress towards settlement or otherwise.

On February 2, according to news reports, the plaintiff successfully entered the United States at Chicago O'Hare International Airport. On February 8, the plaintiff filed a motion for voluntary dismissal, with leave to reinstate on or before August 1. Judge Bucklo on February 9 granted the plaintiff's motion and terminated all pending dates and motions as moot, but noting that the plaintiff still had leave to reinstate on or before August 1, 2017.

Only the complaint is publicly available for this case.

This case is now closed.

Virginia Weeks - 02/04/2017
Ava Morgenstern - 08/06/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Discrimination-basis
National origin discrimination
Religion discrimination
General
Disparate Treatment
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
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
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 Syrian national with valid U.S. visa
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Case Closing Year 2017
Case Ongoing No
Additional Resources
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  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 ]

Docket(s)
1:17-cv-00801 (N.D. Ill.)
IM-IL-0019-9000.pdf | Detail
Date: 02/09/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-IL-0019-0001.pdf | Detail
Date: 01/31/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Bucklo, Elaine E. (N.D. Ill.)
IM-IL-0019-9000
Plaintiff's Lawyers Durkin, Thomas Anthony (Illinois)
IM-IL-0019-0001 | IM-IL-0019-9000
Harcourt, Bernard E. (New York)
IM-IL-0019-0001
Waters, Robin Valentine (Illinois)
IM-IL-0019-0001 | IM-IL-0019-9000
Defendant's Lawyers Oswald, Craig A (Illinois)
IM-IL-0019-9000

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