University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Doe v. Trump [Voluntarily Dismissed] IM-WI-0002
Docket / Court 3:17-cv-00112 ( W.D. Wis. )
State/Territory Wisconsin
Case Type(s) Immigration and/or the Border
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Case Summary
This lawsuit, filed Feb. 13, 2017, challenged President Trump’s Jan. 27, 2017 Executive Order barring legal immigrants and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The complaint argued that in indefinitely barring Syrian ... read more >
This lawsuit, filed Feb. 13, 2017, challenged President Trump’s Jan. 27, 2017 Executive Order barring legal immigrants and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The complaint argued that in indefinitely barring Syrian refugees, the EO violated the First Amendment, the Fifth Amendment, the Immigration and Nationality Act, the Administrative Procedures Act, and exceeded executive power under Article II of the Constitution. This lawsuit argued that the EO effectuated President Trump's long-standing campaign promise of implementing a "total and complete shutdown of Muslims entering the United States," and that it unlawfully and unconstitutionally prevented the plaintiff, a Syrian refugee, from reuniting with his wife and daughter, who resided in Aleppo. The plaintiff sought declaratory and injunctive relief. The plaintiff and his counsel, Holwell Shuster & Goldberg LLP, filed the case in the Western District of Wisconsin, where it was immediately assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker.

The plaintiff was a Syrian Sunni Muslim asylee who, after fleeing to the United States in 2014 and being fully vetted by U.S. immigration authorities, was granted asylum status in 2016 because of the torture and religious persecution he had suffered in Syria. After being granted asylum in the U.S., the petitioner filed a derivative asylum application in 2016 in order to reunite with his wife and only surviving child, who remained in Syria. The petitioner claimed that his derivative asylum application had cleared the security vetting process and had been returned to the USCIS Nebraska Service Center for final processing before it was halted by Trump's EO on January 27, 2017.

The plaintiff filed a motion to proceed anonymously in order to protect his wife and daughter from harm that they stand to suffer in Aleppo, where they currently reside, should the plaintiff's identity be revealed.

Along with the complaint, the plaintiff filed a motion requesting a temporary restraining order, preliminary injunction, and summary judgment.

On Feb. 13, 2017, Judge Conley issued an order granting the plaintiff's motion to proceed anonymously. In the same order, Judge Conley ordered the government to file a response by Feb. 17, 2017 informing the court of: 1) the current status of the plaintiff's derivative asylum request; 2) whether the government continued processing derivative asylee/refugee petitions for Syrian nationals after the January 27 EO; and 3) if not, whether the government took the position that the preliminary injunction issued by the court in State of Washington v. Trump enjoined the EO's enforcement as to the processing of derivative asylee/refugee petitions for Syrian nationals. Upon receipt of these filings, the court said it would determine the next steps.

On Feb. 17, the government filed a response to Judge Conley's Feb. 13 order (documents not available), and the court issued an order denying the motion for preliminary injunction as moot. A telephonic status conference was set for Mar. 22, 2017.

On Mar. 6, 2017, after adverse developments in Washington v. Trump, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

On Mar. 10, 2017, the plaintiffs filed an amended complaint against all defendants and moved for a temporary restraining order and preliminary injunction. Judge William M. Conley set a telephone status conference for that day, and at the conference found that the plaintiff was at great risk of suffering irreparable harm were the TRO to be denied. The court then granted the TRO as it applies to plaintiff John Doe, noting that "while defendants object to the entry of temporary injunctive relief, they argue during the hearing that the executive order may not even apply to plaintiff's asylum relative petition, thus ameliorating any harm to the government, or at least any harm caused by the brief period covered by this temporary restraining order." This was the first temporary restraining order to be granted in a case about the Mar. 6 Executive Order. The court ordered the defendants to respond to the plaintiffs' motion for preliminary injunction by Mar. 16, the plaintiffs to reply by Mar. 20; it scheduled an in-person hearing for Mar. 21.

On Mar. 13, John Doe filed a series of redacted declarations attesting to his experiences with USCIS and the asylum process.

On Mar. 17, the parties filed a joint stipulation to reschedule the hearing on the preliminary injunction motion and to preserve the extant TRO. On Mar. 24, the plaintiff filed a second motion to reschedule, which the court granted on Mar. 27. The plaintiffs' reply brief in support of the PI motion is now due Apr. 28. Upon receipt of the brief, the court will schedule a hearing on or after May 1. The Mar. 10 TRO will remain in effect through the hearing on the motion.

On Mar. 29, the government moved for leave to file a response to the plaintiffs' statement of facts. The court granted this motion on the same day.

On Apr. 28, the plaintiff filed a notice of withdrawal of the motion for a temporary restraining order and permanent injunction, as well as a notice of voluntary dismissal.

On May 1, the case closed pursuant to Fed. R. Civ. P. 41(a)(1) without further order of the court.

Many documents in this case are unavailable.

Julie Aust - 05/01/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Discrimination-basis
National origin discrimination
Religion discrimination
General
Disparate Impact
Disparate Treatment
Emergency shelter
Family reunification
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Constitutional rights
Family
Refugees
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Bivens
Ex parte Young (federal or state officials)
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) United States
Plaintiff Description The plaintiff is a Sunni Muslim asylee who, after being fully vetted by U.S. immigration authorities, was granted asylum status because of the torture and religious persecution he had suffered in Syria. This suit concerns the plaintiff's derivative application requesting asylum for the plaintiff's wife and surviving child who remain in Syria. President Trump's January 27, 2017 Executive Order halted the plaintiff's derivative asylum application.
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement Voluntary Dismissal
Order Duration 2017 - 2017
Case Closing Year 2017
Case Ongoing No
Additional Resources
click to show/hide detail
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
White House
Date: Oct. 24, 2017
By: United States
[ Detail ] [ External Link ]

  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 ]

Docket(s)
3:17-cv-112 (W.D. Wis.)
IM-WI-0002-9000.pdf | Detail
Date: 05/01/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-WI-0002-0001.pdf | Detail
Date: 02/13/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Plaintiff's Application for a Temporary Restraining Order, Preliminary Injunction, and Summary Judgment [ECF# 8]
IM-WI-0002-0002.pdf | Detail
Date: 02/13/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiffs' Application for a Temporary Restraining Order [ECF# 9]
IM-WI-0002-0003.pdf | Detail
Date: 02/13/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 14] (W.D. Wis.)
IM-WI-0002-0004.pdf | Detail
Date: 02/14/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 25] (W.D. Wis.)
IM-WI-0002-0005.pdf | Detail
Date: 02/17/2017
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 27]
IM-WI-0002-0006.pdf | Detail
Date: 03/10/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Plaintiff's Renewed Application for a Temporary Restraining Order and Preliminary Injunction [ECF# 29]
IM-WI-0002-0007.pdf | Detail
Date: 03/10/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiff's Renewed Application for a Temporary Restraining Order and Preliminary Injunction [and Plaintiffs Statement of Proposed Record Facts and Declarations in Support] [ECF# 30, 31, 32, 33]
IM-WI-0002-0008.pdf | Detail
Date: 03/10/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 34] (W.D. Wis.)
IM-WI-0002-0009.pdf | Detail
Date: 03/10/2017
Source: PACER [Public Access to Court Electronic Records]
Second Declaration of Andrew B. Breidenbach in Support of Plaintiff's Renewed Application for a Temporary Restraining Order and Preliminary Injunction [ECF# 37]
IM-WI-0002-0010.pdf | Detail
Date: 03/13/2017
Source: PACER [Public Access to Court Electronic Records]
Declaration in Support of Renewed Application for a Temporary Restraining Order and Preliminary Injunction [Redacted Version] [ECF# 39]
IM-WI-0002-0011.pdf | Detail
Date: 03/13/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Withdrawal of Motion for Injunctive Relief [ECF# 52]
IM-WI-0002-0012.pdf | Detail
Date: 04/28/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Voluntary Dismissal Without Prejudice [ECF# 53]
IM-WI-0002-0013.pdf | Detail
Date: 04/28/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Conley, William Martin (W.D. Wis.)
IM-WI-0002-0004 | IM-WI-0002-0005 | IM-WI-0002-0009 | IM-WI-0002-9000
Crocker, Stephen L. (W.D. Wis.) [Magistrate]
IM-WI-0002-9000
Plaintiff's Lawyers Breidenbach, Andrew (New York)
IM-WI-0002-0001 | IM-WI-0002-0002 | IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0010 | IM-WI-0002-0013 | IM-WI-0002-9000
Giudice, Lauren Nicole (New York)
IM-WI-0002-0001 | IM-WI-0002-0002 | IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
Levy, Vincent (New York)
IM-WI-0002-0001 | IM-WI-0002-0002 | IM-WI-0002-0003 | IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0012 | IM-WI-0002-0013 | IM-WI-0002-9000
Noller, Matthew (New York)
IM-WI-0002-0001 | IM-WI-0002-0002 | IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
Packard, Tamara Beth (Wisconsin)
IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
Pines, Lester A. (Wisconsin)
IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
Sternlieb, Sarah Michelle (New York)
IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
TenBruggencate, Magdalene Alison (Wisconsin)
IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
Vrabie, Andrei (New York)
IM-WI-0002-0001 | IM-WI-0002-0002 | IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-9000
Defendant's Lawyers Davila, Yamileth G. (District of Columbia)
IM-WI-0002-9000
Herje, Leslie K. (Wisconsin)
IM-WI-0002-9000
Westwater, Gisela Ann (District of Columbia)
IM-WI-0002-9000

- click to show/hide ALL -

new search
page permalink

- top of page -