On Feb. 1, 2017, a J-1 visa holder filed this lawsuit in the U.S. District Court for the District of Massachusetts, after being prevented from boarding a flight from Frankfurt to Boston on both Jan. 28. and Jan. 30, 2017. Represented by Morgan, Lewis & Bockius, the plaintiff is Iranian-born and lives in Switzerland; she was traveling to Boston to commence work at Brigham & Woman's hospital as a researcher and expert on state-of-the-art genetic sequencing technologies focusing on pediatric susceptibility to infection.
The complaint alleged that on Jan. 28, 2017, a gate operator at the Frankfurt airport, who introduced himself as a representative from the consulate of the United States, told the plaintiff that she was ineligible to board a flight to the United States pursuant to an executive order issued by President Donald Trump on Jan. 27, 2017 (suspending entry into the United States of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen). The complaint further alleged that when the plaintiff returned to the Frankfort airport on Jan. 31, with a copy of the Jan. 29 Temporary Restraining Order issued in Louhghalem/Tootkaboni v. Trump providing immediate protection to "holders of valid immigrant and non-immigrant visas ... who, absent the Executive Order, would be legally authorized to enter the United States," the plaintiff was once again prevented from boarding her flight to Boston, despite being subject to the TRO's protection as a valid J-1 visa holder.
The plaintiff claimed that her continued bar to entry based solely on the Executive Order, which was enforced against her contrary to nationwide federal court stays, stood in violation of the defendants' duties owed to the plaintiff and to all persons similarly protected by the TRO. The complaint was filed as a civil complaint seeking declaratory and injunctive relief.
This case was assigned on Feb. 2 to Judge Allison D. Burroughs and to Magistrate Judge Jennifer C. Boal, should the trial Judge refer the matter.
Also on Feb. 2, the plaintiff filed an emergency motion seeking a Temporary Restraining Order enabling the plaintiff's counsel to determine the defendants' compliance or non-compliance with the Jan. 29 TRO, as well as requesting an emergency hearing before the court. That same day, the requested emergency hearing was set for Feb. 6, 2017. On Feb. 3, the plaintiff requested that the aforementioned emergency hearing be cancelled, as she was able to to travel to the United States and clear customs. Judge Burroughs declared the motion moot on Feb. 8.
On Mar. 6, prompted by adverse developments in the
Washington v. Trump litigation, in the Ninth Circuit, the President rescinded the January 27 Executive Order and replaced it with a narrower one,
Executive Order 13780.
In light of the revised Executive Order, the parties on Mar. 31 jointly requested that the court stay the proceedings and postpone the defendants' deadline to answer, for sixty days until Jun. 5, 2017. This would allow the parties enough time to monitor ongoing litigation before deciding how to proceed. Judge Burroughs on Mar. 31 granted this request for a stay.
On May 31, plaintiff filed a notice of voluntary dismissal without prejudice, mentioning the Fourth Circuit's injunction of the revised Executive Order in
IRAP v. Trump. The court closed the case on June 1.
This case is now closed.
Julie Aust - 02/06/2017
Virginia Weeks - 02/08/2017
Ava Morgenstern - 06/13/2017
compress summary
