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Case Name Zadeh v. Trump [voluntarily dismissed] IM-DC-0025
Docket / Court 1:17-cv-00243 ( D.D.C. )
State/Territory District of Columbia
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)
Case Summary
This action, filed Feb. 3, 2017, challenged 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. Represented by private counsel and several advocacy organizations--the University of Minnesota Center for ... read more >
This action, filed Feb. 3, 2017, challenged 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. Represented by private counsel and several advocacy organizations--the University of Minnesota Center for New Americans and the Immigrant Law Center of Minnesota -- plaintiffs argued that in preventing valid U.S. visa holders from entering the U.S., the EO violated the First Amendment Establishment Clause, Fifth Amendment equal protection and due process rights, and the Administrative Procedure Act. The complaint sought emergency declaratory and injunctive relief. The case was filed in the U.S. District Court for the District of Columbia.

The plaintiffs were two married couples. In each couple, one individual was a citizen or lawful permanent resident of the U.S. petitioning for visas for their respective spouses. The visas were granted, and the spouses, who were nationals of one of the seven nations subject to the Executive Order, were prevented from entering the U.S. In both cases, the couples were separated as a result of the Executive Order.

Concurrently with their complaints, the plaintiffs filed an emergency motion for a temporary restraining order seeking to enjoin the defendants from both revoking the issued visas and prohibiting the visa holders from entering the U.S.

The case was assigned to Judge Tanya Chutkan. On February 5, 2017, plaintiffs' counsel wrote to Judge Chutkan that one of the plaintiffs was allowed to enter the U.S. and had become a Lawful Permanent Resident. A second plaintiff was allowed to board a plane to the U.S. on February 6, 2017. On February 7, 2017, the plaintiffs submitted a notice that they were withdrawing the emergency motion for a temporary restraining order.

On Mar. 6, prompted by adverse developments in another lawsuit challenging the Executive Order, in Washington v. Trump, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

On Mar. 8, the parties reached an agreement in this case and stipulated to a dismissal, with each party to bear its own costs and fees. The court granted the dismissal on the same day.

The case is now closed.

Virginia Weeks - 02/06/2017
Ava Morgenstern - 02/07/2017
Julie Aust - 03/11/2017


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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
Family reunification
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
Family
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.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) United States
Plaintiff Description Two couples in which one spouse is a valid U.S. visa holder denied entry into the U.S.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Case Closing Year 2017
Case Ongoing No
Case Listing IM-DC-0026 : Pars Equality Center v. Trump (D.D.C.)
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-00243-TSC (D.D.C.)
IM-DC-0025-9000.pdf | Detail
Date: 03/08/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-DC-0025-0001.pdf | Detail
Date: 02/03/2017
Source: PACER [Public Access to Court Electronic Records]
Emergency Motion for Temporary Restraining Order and Statement of Points and Authorities [ECF# 2]
IM-DC-0025-0002.pdf | Detail
Date: 02/03/2017
Source: PACER [Public Access to Court Electronic Records]
Supplemental Memorandum Addressing the Applicability of the Orders Issued in 17-CV-00786 (C.D. CAL. JAN. 31, 2017) AND 2:17-CV-0141 (W.D. WASH. FEB. 3, 2017) [ECF# 5]
IM-DC-0025-0005.pdf | Detail
Date: 02/04/2017
Source: PACER [Public Access to Court Electronic Records]
Status Report [ECF# 14]
IM-DC-0025-0011.pdf | Detail
Date: 02/05/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Statement and Stipulation to Withdraw Plaintiffs' Emergency Motion for TRO [ECF# 19]
IM-DC-0025-0009.pdf | Detail
Date: 02/07/2017
Source: PACER [Public Access to Court Electronic Records]
Stipulation of Voluntary Dismissal Under FRCP 41(a) [ECF# 32]
IM-DC-0025-0014.pdf | Detail
Date: 03/08/2017
Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal [ECF# 33] (D.D.C.)
IM-DC-0025-0015.pdf | Detail
Date: 03/08/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Chutkan, Tanya Sue (D.D.C.)
IM-DC-0025-0015 | IM-DC-0025-9000
Plaintiff's Lawyers Abdulahi, Abdinasir M. (Minnesota)
IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Brenes, Sarah (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Bunch, S. Douglas (District of Columbia)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Chan, Linus (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Handmaker, Sally (District of Columbia)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Hansen, Adam L. (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Horowitz, Julia (District of Columbia)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Jeffries, Regina (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0014 | IM-DC-0025-9000
Keller, John (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014
Michelman, Scott (New Jersey)
IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Nelson, Teresa (New York)
IM-DC-0025-9000
Pierson, Kit A. (District of Columbia)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Riach, Kevin C. (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0011 | IM-DC-0025-0014 | IM-DC-0025-9000
Sanchez, Benjamin Casper (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Spitzer, Arthur (District of Columbia)
IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Tozer, Benjamin R. (Minnesota)
IM-DC-0025-0001 | IM-DC-0025-0002 | IM-DC-0025-0005 | IM-DC-0025-0009 | IM-DC-0025-0014
Defendant's Lawyers Adebonojo, Kenneth (District of Columbia)
IM-DC-0025-9000
Kisor, Colin A. (District of Columbia)
IM-DC-0025-0009 | IM-DC-0025-0014
Peachey, William Charles (District of Columbia)
IM-DC-0025-0009 | IM-DC-0025-0014
Perez, Elianis N. (District of Columbia)
IM-DC-0025-0009 | IM-DC-0025-0014
Press, Joshua S. (District of Columbia)
IM-DC-0025-0009 | IM-DC-0025-0014 | IM-DC-0025-9000
Readler, Chad A. (District of Columbia)
IM-DC-0025-0009 | IM-DC-0025-0014
Weintraub, J. Max (District of Columbia)
IM-DC-0025-0009 | IM-DC-0025-0014

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