University of Michigan Law School
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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
This case arose from a Syrian family's attempts to obtain immigration visas. In 2004, one of the family members filed a petition for an immigrant visa on behalf of her sister and her sister’s family. In 2017, the State Department approved the visas just as President Trump issued Executive Order 13 ... read more >
This case arose from a Syrian family's attempts to obtain immigration visas. In 2004, one of the family members filed a petition for an immigrant visa on behalf of her sister and her sister’s family. In 2017, the State Department approved the visas just as President Trump issued Executive Order 13780 (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 against 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.

On September 28, 2017, family members filed this lawsuit in the U.S. District Court for the District of Columbia. They alleged that, despite having a bona-fide relationship to a person in the United States, the State Department had failed to issue visas to members of the family seeking to immigrate to the United States. In their complaint, plaintiffs argued that defendants (the U.S. Department of Homeland Security, Citizenship and Immigration Services, and State Department) wrongly applied EO-2 to them and sought a writ of mandamus compelling defendants to issue their visas under 28 U.S.C. § 1361. Plaintiffs also sought injunctive relief under the Administrative Procedure Act (5 U.S.C. § 706) and declaratory relief. Covington & Burling LLP, the Modi Law Firm, and Muslim Advocates represented the plaintiffs. Judge Royce C. Lamberth was assigned to the case.

On November 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 December 20, Judge Lamberth granted the motion to stay.

On February 15, 2018, plaintiffs voluntarily dismissed the case, which is now closed.

Jamie Kessler - 03/03/2018
Peter Harding - 02/06/2020


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Issues and Causes of Action
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Issues
General
Family reunification
Government Services (specify)
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Visas - criteria
Visas - procedures
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) U.S. Citizenship and Immigration Services
U.S. Department of State
Plaintiff Description Members of a Syrian family, some of whom were waiting for the State Department to issue their visas after the visas were approved.
Indexed Lawyer Organizations Muslim Advocates
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Filed 09/28/2017
Case Closing Year 2018
Case Ongoing No
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 ]

Court Docket(s)
D.D.C.
02/15/2018
1:17-cv-02005-RCL
IM-DC-0037-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.D.C.
09/28/2017
Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal [ECF# 1]
IM-DC-0037-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
09/28/2017
Order Granting Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal [ECF# 2]
IM-DC-0037-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
09/28/2017
Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief [ECF# 3]
IM-DC-0037-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
11/27/2017
Joint Motion to Stay Proceedings [ECF# 12]
IM-DC-0037-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
12/20/2017
Order Granting Motion to Stay Proceedings [ECF# 13]
IM-DC-0037-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
02/15/2018
Notice of Voluntary Dismissal [ECF# 19]
IM-DC-0037-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Lamberth, Royce C. (FISC, D.D.C.) show/hide docs
IM-DC-0037-0002 | IM-DC-0037-0005 | IM-DC-0037-9000
Plaintiff's Lawyers Crawley, Megan A. (District of Columbia) show/hide docs
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Crowley, Megan Anne (District of Columbia) show/hide docs
IM-DC-0037-0006
Dougherty, Jon-Michael (District of Columbia) show/hide docs
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Haley, Kyle P. (District of Columbia) show/hide docs
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-0006 | IM-DC-0037-9000
Khalil, Maha (Texas) show/hide docs
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Lynch, Mark H. (District of Columbia) show/hide docs
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) show/hide docs
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-0004 | IM-DC-0037-9000
Smith, Rebecca E. (District of Columbia) show/hide docs
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-9000
Smith, Johnathan James (District of Columbia) show/hide docs
IM-DC-0037-0001 | IM-DC-0037-0003 | IM-DC-0037-0004
Defendant's Lawyers Adebonojo, Kenneth (District of Columbia) show/hide docs
IM-DC-0037-0004 | IM-DC-0037-9000
Liu, Jessie K. (District of Columbia) show/hide docs
IM-DC-0037-0004
Van Horn, Daniel F (District of Columbia) show/hide docs
IM-DC-0037-0004

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