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Case Name Doe v. U.S. Department of Homeland Security IM-DC-0037
Docket / Court 1:17-cv-02005-RCL ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization Muslim Advocates
Case Summary
On September 28, 2017 plaintiffs filed this lawsuit in the United States District Court for the District of Columbia. The complaint was filed by a Syrian family over Executive Order 13780, hereon known as EO-2; the family filed under a pseudonym to protect its members’ identities.

In 2 ... read more >
On September 28, 2017 plaintiffs filed this lawsuit in the United States District Court for the District of Columbia. The complaint was filed by a Syrian family over Executive Order 13780, hereon known as EO-2; the family filed under a pseudonym to protect its members’ identities.

In 2004, one of the plaintiffs filed a petition for an immigrant visa on behalf of her sister and her sister’s family, all Syrian nationals. In 2017 the State Department approved plaintiffs’ visas just as President Trump issued EO-2, which barred Syrian nationals from entering the United States. Following President Trump’s order, a series of legal challenges ensued, some of them ultimately making their way to the Supreme Court. In June 2017, the Supreme Court partially lifted a nationwide injunction on the ban, permitting the government to apply it against anyone who did not have a “bona-fide” relationship with a person or organization in the United States.

Plaintiffs alleged that, despite having a bona-fide relationship to a person in the United States, the State Department has failed to issue their visas. In their complaint, plaintiffs argued that defendants wrongly applied EO-2 to them and sought a mandamus compelling defendants to issue their visas. Plaintiffs also sought declaratory and injunctive relief. Judge Royce C. Lamberth was assigned to the case.

On Nov. 27, the parties filed a joint motion to stay proceedings for ninety days. In their motion the parties suggested to the court that they may be able to resolve the case without further litigation. During the stay the plaintiffs agreed to take any necessary steps to obtain their visas and defendants agreed to expedite plaintiffs' visa requests. On Dec. 20, Judge Lamberth granted the motion to stay.

On Feb. 15, 2018 plaintiffs moved to dismiss the case without prejudice.

This case is ongoing.

Jamie Kessler - 03/03/2018


compress summary

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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
Race discrimination
Religion discrimination
General
Family reunification
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Visas - criteria
Visas - procedures
Language
Arabic
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Mandamus, 28 U.S.C. § 1361
Defendant(s) Department of Homeland Security
Plaintiff Description Plaintiff is a Syrian family who has been waiting for the State Department to issue their visas after the visas were approved nearly a year ago.
Indexed Lawyer Organizations Muslim Advocates
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement Voluntary Dismissal
Filing Year 2017
Case Ongoing Yes
Additional Resources
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  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)
1:17-cv-02005-RCL (D.D.C.)
IM-DC-0037-9000.pdf | Detail
Date: 02/15/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal [ECF# 1]
IM-DC-0037-0001.pdf | Detail
Date: 09/28/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal [ECF# 2] (D.D.C.)
IM-DC-0037-0002.pdf | Detail
Date: 09/28/2017
Source: PACER [Public Access to Court Electronic Records]
Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief [ECF# 3]
IM-DC-0037-0003.pdf | Detail
Date: 09/28/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Motion to Stay Proceedings [ECF# 12]
IM-DC-0037-0004.pdf | Detail
Date: 11/27/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Stay Proceedings [ECF# 13] (D.D.C.)
IM-DC-0037-0005.pdf | Detail
Date: 12/20/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Voluntary Dismissal [ECF# 19]
IM-DC-0037-0006.pdf | Detail
Date: 02/15/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Lamberth, Royce C. (D.D.C., FISC)
IM-DC-0037-0002 | IM-DC-0037-0005 | IM-DC-0037-9000
Plaintiff's Lawyers Crawley, Megan A. (District of Columbia)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Crowley, Megan Anne (District of Columbia)
IM-DC-0037-0006
Dougherty, Jon-Michael (District of Columbia)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Haley, Kyle P. (District of Columbia)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-0006 | IM-DC-0037-9000
Khalil, Maha (Texas)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Lynch, Mark H. (District of Columbia)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-0004 | IM-DC-0037-0006 | IM-DC-0037-9000
Shebaya, Sirine (District of Columbia)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-0004 | IM-DC-0037-9000
Smith, Johnathan James (District of Columbia)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-0004
Smith, Rebecca E. (District of Columbia)
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Defendant's Lawyers Adebonojo, Kenneth (District of Columbia)
IM-DC-0037-0004 | IM-DC-0037-9000
Liu, Jessie K. (District of Columbia)
IM-DC-0037-0004
Van Horn, Daniel F (District of Columbia)
IM-DC-0037-0004

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