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Case Name Doe v. Trump IM-WI-0002
Docket / Court 3:17-cv-00112 ( W.D. Wis. )
State/Territory Wisconsin
Case Type(s) Immigration and/or the Border
Presidential/Gubernatorial Authority
Special Collection Trump Travel Ban Challenges
Case Summary
This lawsuit, filed February 13, 2017, challenged President Trump’s January 27, 2017 Executive Order (EO-1) barring legal immigrants and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The complaint argued that by indefinitely barring ... read more >
This lawsuit, filed February 13, 2017, challenged President Trump’s January 27, 2017 Executive Order (EO-1) barring legal immigrants and refugees from seven majority-Muslim countries from entering the US and barring Syrian refugees indefinitely. The complaint argued that by indefinitely barring Syrian refugees, EO-1 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 EO-1 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. Represented by private counsel, the plaintiff filed the complaint 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 US 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 US, 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 EO-1.

The plaintiff filed a motion to proceed anonymously in order to protect his wife and daughter from harm that they stood to suffer in Aleppo, were his identity to have been revealed.

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

On February 13, 2017, District Judge Conley issued an order granting the plaintiff's motion to proceed anonymously. In the same order, Judge Conley instructed the government to file a response by February 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 EO-1'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 February 17, the government filed a response to Judge Conley's February 13 order (documents not available), and the court issued an order denying the motion for preliminary injunction as moot.

On March 6, 2017, after adverse developments in Washington v. Trump, the President rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780 (EO-2).

As a result, the plaintiffs filed an amended complaint on March 10, 2017, and moved for a temporary restraining order and preliminary injunction. District Judge 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 responding to EO-2. The court ordered the defendants to respond to the plaintiff's motion for preliminary injunction by March 16, and scheduled an in-person hearing for March 21.

After a number of extensions to the hearings and filing deadlines, on April 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


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Content of Injunction
Preliminary relief granted
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 Separation
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.
Ex parte Young (federal or state officials)
Ex Parte Young (Federal) or Bivens
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) United States
Plaintiff Description The plaintiff was 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. The plaintiff filed a derivative application requesting asylum for the his wife and surviving child who remained in Syria at the time litigation initiated in early 2017.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se 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
Filed 02/13/2017
Case Closing Year 2017
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
Federal Register
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
Federal Register
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Federal Register
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 ]

  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 ]

Court Docket(s)
W.D. Wis.
05/01/2017
3:17-cv-112
IM-WI-0002-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
W.D. Wis.
02/13/2017
Complaint [ECF# 1]
IM-WI-0002-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
02/13/2017
Notice of Plaintiff's Application for a Temporary Restraining Order, Preliminary Injunction, and Summary Judgment [ECF# 8]
IM-WI-0002-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
02/13/2017
Memorandum of Law in Support of Plaintiffs' Application for a Temporary Restraining Order [ECF# 9]
IM-WI-0002-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
02/14/2017
Order [ECF# 14]
IM-WI-0002-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
02/17/2017
Order [ECF# 25]
IM-WI-0002-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
03/10/2017
Amended Complaint [ECF# 27]
IM-WI-0002-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
03/10/2017
Notice of Plaintiff's Renewed Application for a Temporary Restraining Order and Preliminary Injunction [ECF# 29]
IM-WI-0002-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
03/10/2017
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
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
03/10/2017
Order [ECF# 34] (2017 WL 975996)
IM-WI-0002-0009.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
03/13/2017
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
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
03/13/2017
Declaration in Support of Renewed Application for a Temporary Restraining Order and Preliminary Injunction [Redacted Version] [ECF# 39]
IM-WI-0002-0011.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
04/28/2017
Notice of Withdrawal of Motion for Injunctive Relief [ECF# 52]
IM-WI-0002-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Wis.
04/28/2017
Notice of Voluntary Dismissal Without Prejudice [ECF# 53]
IM-WI-0002-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Conley, William Martin (W.D. Wis.) show/hide docs
IM-WI-0002-0004 | IM-WI-0002-0005 | IM-WI-0002-0009 | IM-WI-0002-9000
Crocker, Stephen L. (W.D. Wis.) [Magistrate] show/hide docs
IM-WI-0002-9000
Plaintiff's Lawyers Breidenbach, Andrew (New York) show/hide docs
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) show/hide docs
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) show/hide docs
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) show/hide docs
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) show/hide docs
IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
Pines, Lester A. (Wisconsin) show/hide docs
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) show/hide docs
IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
TenBruggencate, Magdalene Alison (Wisconsin) show/hide docs
IM-WI-0002-0006 | IM-WI-0002-0007 | IM-WI-0002-0008 | IM-WI-0002-0013 | IM-WI-0002-9000
Vrabie, Andrei (New York) show/hide docs
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) show/hide docs
IM-WI-0002-9000
Herje, Leslie K. (Wisconsin) show/hide docs
IM-WI-0002-9000
Westwater, Gisela Ann (District of Columbia) show/hide docs
IM-WI-0002-9000

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