Case: Doe v. U.S. Department of Homeland Security

1:17-cv-02005 | U.S. District Court for the District of Columbia

Filed Date: Sept. 28, 2017

Closed Date: Feb. 15, 2018

Clearinghouse coding complete

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 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 Suprem…

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 in International Refugee Assistance Program v. Trump 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. 137 S. Ct. 2080.

On September 28, 2017, the plaintiffs 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 their 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 the 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. Two private law firms and Muslim Advocates represented the plaintiffs. Judge Royce C. Lamberth was assigned to the case.

On November 27, 2017, 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.

Summary Authors

Jamie Kessler (3/3/2018)

Peter Harding (2/6/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13431357/parties/doe-1-v-us-department-of-homeland-security/


Judge(s)
Attorney for Plaintiff

Crawley, Megan A. (District of Columbia)

Crowley, Megan Anne (District of Columbia)

Dougherty, Jon-Michael (District of Columbia)

Haley, Kyle P. (District of Columbia)

Attorney for Defendant

Adebonojo, Kenneth (District of Columbia)

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Documents in the Clearinghouse

Document

1:17-cv-02005

Docket [PACER]

Doe v. Department of Homeland Security

Feb. 15, 2018

Feb. 15, 2018

Docket
2

1:17-cv-02005

Order Granting Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal

Doe v. Department of Homeland Security

Sept. 28, 2017

Sept. 28, 2017

Order/Opinion
1

1:17-cv-02005

Plaintiffs' Unopposed Motion to Proceed Anonymously and to File Supporting Exhibit Under Seal

Doe v. Department of Homeland Security

Sept. 28, 2017

Sept. 28, 2017

Pleading / Motion / Brief
3

1:17-cv-02005

Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief

Doe v. Department of Homeland Security

Sept. 28, 2017

Sept. 28, 2017

Complaint
12

1:17-cv-02005

Joint Motion to Stay Proceedings

Doe v. Department of Homeland Security

Nov. 27, 2017

Nov. 27, 2017

Pleading / Motion / Brief
13

1:17-cv-02005

Order Granting Motion to Stay Proceedings

Doe v. Department of Homeland Security

Dec. 20, 2017

Dec. 20, 2017

Order/Opinion
19

1:17-cv-02005

Notice of Voluntary Dismissal

Feb. 15, 2018

Feb. 15, 2018

Pleading / Motion / Brief

Resources

Title Description External URL Date / External URL

Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

United States

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities Oct. 24, 2017

Oct. 24, 2017

https://www.federalregister.gov/...

Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

President Donald Trump

Sept. 24, 2017

Sept. 24, 2017

https://www.federalregister.gov/...

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

Donald Trump

This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio… June 14, 2017

June 14, 2017

https://trumpwhitehouse.archives.gov/...

Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States

President Donald Trump

In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add… March 6, 2017

March 6, 2017

https://www.federalregister.gov/...

Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States

President Donald Trump

This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days. Jan. 27, 2017

Jan. 27, 2017

https://www.gpo.gov/...

Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security

Donald F. McGahn II, Counsel to the President

This memo states that the Executive Order on refugees etc. does not apply to Legal Permanent Residents. Feb. 1, 2017

Feb. 1, 2017

http://www.politico.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13431357/doe-1-v-us-department-of-homeland-security/

Last updated March 24, 2024, 3:04 a.m.

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Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2017

Closing Date: Feb. 15, 2018

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Muslim Advocates

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Citizenship and Immigration Services, Federal

U.S. Department of State, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Family reunification

Terrorism/Post 9-11 issues

Immigration/Border:

Admission - criteria

Admission - procedure

Family Separation

Visas - criteria

Visas - procedures