Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 1 of 22 Page ID #:56

1 Carmen Iguina (CA SBN #277369) Jennifer Pasquarella (CA SBN #263241)
2 Ahilan Arulanantham (CA SBN# 237841) Peter Bibring (CA SBN #223981)
3 ACLU of Southern California 1313 West 8th Street
4 Los Angeles, CA 90017 Telephone: (213) 977-9500
5 Facsimile: (213) 977-5297 Email: ciguina@aclusocal.org
6 Email: jpasquarella@aclusocal.org Email: aarulanantham@aclusocal.org
7 Email: pbibring@aclusocal.org

8 Stacy Tolchin (CA SBN #217431) Megan Brewer (CA SBN#268248)
9 Law Offices of Stacy Tolchin 634 S. Spring St., Suite 500A
10 Los Angeles, CA 90014 Telephone: (213) 622-7450
11 Facsimile: (213) 622-7233 Email: Stacy@Tolchinimmigration.com
12 Email: Megan@Tolchinimmigration.com

13

UNITED STATES DISTRICT COURT FOR THE

14

CENTRAL DISTRICT OF CALIFORNIA

15 KHANON MAHINDOKHT AZAD, GISHH ALSAEEDI, MUSTAFA ABDUL WAHED,
16 Individually, and PUBLIC COUNSEL, AMERICAN IMMIGRATION LAWYERS
17 ASSOCIATION, ASIAN AMERICANS ADVANCING JUSTICE – LA, IRANIAN
18 AMERICAN BAR ASSOCIATION, AND NATIONAL LAWYERS GUILD-LA,
19 Nonprofit Organizations,

Case No. 2:17-cv-00706	   FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF	  

20

Plaintiffs-Petitioners,	  

21 v.	  

22 DONALD TRUMP, President of the United States; JOHN F. KELLY, Secretary,
23 Department of Homeland Security; U.S. DEPARTMENT OF HOMELAND
24 SECURITY (“DHS”); U.S. CUSTOMS AND BORDER PROTECTION (“CBP”); KEVIN
25 K. MCALEENAN, Acting Commissioner of CBP; and MITCHELL MERRIAM, Los
26 Angeles Field Director, CBP,

27

Defendants-Respondents.	  

28

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 2 of 22 Page ID #:57

1

INTRODUCTION

2

1.   Plaintiffs-Petitioners are forced to file this action on short notice

3
because Respondents have unlawfully detained Petitioners Azad and Alsaeedi

4
(collectively, “Individual Petitioners”) at Los Angeles International Airport (“LAX

5
Airport”) and are coercing the Individual Petitioners in an attempt to forcibly expel

6
them from the United States. Respondents have also denied Petitioners access to their

7
attorneys, and denied the Plaintiffs Public Counsel, American Immigration Lawyers

8
Association, Asian Americans Advancing Justice – LA, Iranian American Bar

9
Association, and National Lawyers Guild – Los Angeles Chapter (“Plaintiff

10
Organizations”) access to their clients, during this unlawful detention.

11
2.   Petitioner Khanon Mahindokht Azad is an Iranian citizen. She is 78

12
years old. Petitioner Azad resides in Iran, but travels to the United States one every

13
few years to visit her children, nine of whom are United States citizens and one who

14
is a lawful permanent resident. She was traveling from Iran to the United States on a

15
validly-issued tourist visa to visit her children. When she arrived at LAX Airport at

16
12:30 p.m. on January 28, 2017, Petitioner Azad was denied entry to the United

17
States and was detained by CBP. Petitioner Azad has been permitted to call her son

18
while in detention and explained to her son that CBP officials are pressuring her to

19
sign a document agreeing to withdraw her application for admission. So far, she has

20
refused to sign. She suffers significant health issues, including diabetes, for which

21
she needs regular insulin infusions, high blood pressure, kidney problems, and high

22
cholesterol. In the afternoon of January 28, 2017, CBP officers called her son to
23
inform him that she had fallen ill and they had to call an ambulance, but that she had
24
recovered and was feeling better. Petitioner Azad remains detained by CBP at LAX
25
Airport.
26
3.   Petitioner Gishh Alsaeedi is an Iraqi citizen and eighty-two year old
27
woman. She lives in Baghdad, Iraq. She was traveling from Iraq, via Dubai, to the
28

1
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 3 of 22 Page ID #:58

1 United States to visit her daughter and grandchildren. She has not seen her daughter

2 in 19 years. Petitioner Alsaeedi has never met any of her six grandchildren who live

3 here in the United States. She arrived at LAX Airport on January 28, 2017 at around

4 12:45 p.m. Petitioner Alsaeedi is traveling on a tourist visa and her Iraqi passport.

5 Upon her arrival, CBP denied her entry into the United States and detained her at

6 LAX Airport. She was traveling with a family friend, because she was uncomfortable

7 traveling alone; however, the friend was not detained but instead released because he

8 is a United States citizen. Petitioner Alsaeedi has not been permitted to call her family

9 or contact an attorney since being detained by CBP. She is Muslim. She suffers from

10 high blood pressure and vision loss. Petitioner Alsaeedi remains detained by CBP at

11 LAX Airport.

12

4.   Petitioner Mustafa Abdul Wahed is a 50 year-old Syrian citizen with

13 permanent residence in Saudi Arabia. He has lived in Saudi Arabia since he was a

14 child, and currently lives in Gassim. Petitioner Wahed works for a Saudi company

15 involved in date palm farming, and was traveling from Jedda to the United States to

16 observe date palm farming operations in conjunction with universities and farmers

17 in California and Arizona. He arrived at LAX Airport on January 28, 2017. He is

18 traveling on a business visa and his Syrian passport. Upon his arrival, CBP denied

19 him entry into the United States and detained him. He remains detained. He was

20 traveling with three other coworkers; however, the coworkers were not detained but

21 instead released. Petitioner Wahed has not been permitted to call his coworkers or

22 family since being detained by CBP. He is Muslim. He suffers from high blood

23 pressure and diabetes.

24

5.   Plaintiff Public Counsel is an organization of attorneys and other

25 advocates who seek, inter alia, to provide free legal assistance to immigrants. Since

26 on or before January 28, 2017, attorneys from Public Counsel have been at LAX

27 Airport attempting to assist individuals denied entry and detained pursuant to the

28

2
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 4 of 22 Page ID #:59

1 January 27, 2017 executive order “PROTECTING THE NATION FROM FOREIGN

2 TERRORIST ENTRY INTO THE UNITED STATES.” (hereinafter “EO”).

3

6.   Plaintiff American Immigration Lawyers Association (“AILA”) is a

4 voluntary bar association of more than 14,000 attorneys and law professors

5 practicing, researching, and teaching in the field of immigration and nationality law.

6 Since on or before January 28, 2017, attorneys from AILA have been at LAX Airport

7 attempting to assist individuals denied entry and detained pursuant to the EO.

8

7.   Plaintiff Asian Americans Advancing Justice Los Angeles (“Advancing

9 Justice – LA”) is an organization of attorneys and other advocates who, inter alia,

10 provide free legal assistance to immigrants. Since on or before January 28, 2017,

11 attorneys from Advancing Justice – LA have been at LAX Airport attempting to

12 assist individuals denied entry and detained pursuant to the EO.

13

8.   Plaintiff Iranian American Bar Association (“IABA”) is a national

14 organization of Iranian American attorneys with a membership in the hundreds, and

15 is the largest network of Iranian American lawyers in the U.S. Its mission includes

16 educating and informing the Iranian-American community about legal issues of

17 interest, advancing legal rights of the community, and ensuring that the American

18 public at large, local representatives, and other government officials are fully and

19 accurately informed on legal matters of interest and concern to the Iranian-American

20 community. Members or IABA have been at LAX Airport attempting to assist

21 individuals denied entry and detained pursuant to the EO.

22

9.   Plaintiff National Lawyers Guild, Los Angeles Chapter (“NLG-LA”) is

23 an organization of attorneys who seek, inter alia, to provide free legal assistance to

24 immigrants. Since on or before January 28, 2017, attorneys from the NLG-LA have

25 been at LAX Airport attempting to assist individuals denied entry and detained

26 pursuant to the EO.

27

28

3
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 5 of 22 Page ID #:60

1

10.   Individual Petitioners all have valid entry documents, and were

2 subjected to security checks prior to the federal government issuing their entry

3 documents. Despite this, U.S. Customs and Border Protection (“CBP”) blocked the

4 Individual Petitioners from exiting LAX Airport and detained the Individual

5 Petitioners therein. No magistrate has determined that there is sufficient justification

6 for the continued detention of the Individual Petitioners. Instead, CBP is holding the

7 Individual Petitioners at LAX Airport solely pursuant to the executive order issued

8 by President Donald Trump on January 27, 2017. Removals pursuant to that

9 executive order were stayed by a federal district court on January 28, 2017. See infra.

10 Upon information and belief, Respondents are coercing the Individual Petitioners

11 and other individuals in their custody to sign forms withdrawing their application for

12 admission or otherwise relinquishing their claims for lawful status in the United

13 States.

14

11.   The Individual Petitioners have been denied access to counsel while

15 being sequestered at LAX Airport for hours on end. Upon information and belief,

16 CBP has also confiscated Individual Petitioners’ personal cellphones, blocking

17 access to both counsel and family members. Numerous attorneys from Plaintiffs

18 Organizations have been present at LAX Airport since early on January 28, 2017,

19 attempting to reach the Individual Petitioners and other individuals unlawfully

20 detained by CBP. However, these attorneys have been denied access to speak to or

21 visit with the Individual Petitioners or other individuals detained at LAX Airport.

22

12.   Because the executive order is unlawful as applied to the Individual

23 Petitioners, their continued detention based solely on the executive order violates the

24 Immigration and Nationality Act, their Fifth Amendment procedural and substantive

25 due process rights, the First Amendment Establishment Clause, the Administrative

26 Procedure Act, and the Religious Freedom Restoration Act. Further, Individual

27 Petitioners’ continued unlawful detention is part of a widespread policy, pattern, and
28

4
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 6 of 22 Page ID #:61

1 practice applied to many refugees and arriving noncitizens detained after the issuance

2 of the January 27, 2017 executive order.

3

13.   Therefore, the Individual Petitioners respectfully apply to this Court for

4 a writ of habeas corpus to remedy their unlawful detention by Respondents, and for

5 declaratory and injunctive relief to prevent such harms from recurring. The

6 Individual Petitioners and Plaintiff Organizations further request that this Court issue

7 an order directing CBP to allow all individuals detained at LAX Airport pursuant to

8 the January 27, 2017 executive order access to counsel.

9

14.   On January 28, 2017, the Honorable Ann M. Donnelly of the U.S.

10 District Court for the Eastern District of New York issued a nationwide stay of

11 removal which provides that the federal government is “enjoined and restrained

12 from, in any manner, removing individuals with refugee applications approved by

13 U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions

14 Program, holders of valid immigrant and non-immigrant visas, and other individuals

15 from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter

16 the United States.” The court found that the “petitioners have a strong likelihood of

17 success in establishing that the removal of the petitioner and other similarly situation

18 violates their rights to Due Process and Equal Protection guaranteed by the United

19 States Constitution.” A copy of the order is attached as Exhibit A.

20

JURISDICTION AND VENUE

21

15.   This Court has subject matter jurisdiction over this action under 28

22 U.S.C. §§ 1331, 1361, 2241, 2243, and the Habeas Corpus Suspension Clause of the

23 U.S. Constitution. This court has further remedial authority pursuant to the

24 Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.

25

16.   Venue properly lies within the Central District of California because a

26 substantial part of the events or omissions giving rise to this action occurred in the

27 District. 28 U.S.C. § 1391(b).

28

5
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 7 of 22 Page ID #:62

1

17.   No complaint or petition for habeas corpus has previously been filed in

2 any court to review Plaintiffs-Petitioners’ case.

3

PARTIES

4

18.   Petitioner Khanon Mahindokht Azad is an Iranian citizen who traveled

5 to the United States on January 28, 2017 on a tourist visa to visit her U.S. citizen and

6 lawful permanent resident children who reside in the United States. She is currently

7 being detained by CBP at LAX Airport, and CBP is pressuring her to sign a

8 withdrawal of her application for admission.

9

19.   Petitioner Gishh Alsaeedi is an Iraqi citizen who traveled to the United

10 States on a tourist visa on January 28, 2017 to visit her children and grandchildren,

11 who reside here. She is currently being detained by CBP at LAX Airport.

12

20.   Petitioner Mustafa Abdul Wahed is a Syrian citizen with permanent

13 residence in Saudi Arabia who traveled to the United States on a business visa and

14 his Syrian passport, and arrived at LAX Airport January 28, 2017. He is currently

15 being denied entry into the United States and detained by CBP at LAX Airport.

16

21.   Plaintiff Public Counsel is an organization of attorneys and other

17 advocates who seek, inter alia, to provide free legal assistance to immigrants. Since

18 on or before January 28, 2017, attorneys from Public Counsel have been at LAX

19 Airport attempting to assist individuals denied entry and detained pursuant to the

20 January 27, 2017 executive order “PROTECTING THE NATION FROM

21 FOREIGN TERRORIST ENTRY INTO THE UNITED STATES.”

22

22.   Plaintiff American Immigration Lawyers Association (“AILA”) is a

23 voluntary bar association of more than 14,000 attorneys and law professors

24 practicing, researching, and teaching in the field of immigration and nationality

25 law. Since on or before January 28, 2017, attorneys from AILA have been at LAX

26 Airport attempting to assist individuals denied entry and detained pursuant to the

27 EO.

28

6
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 8 of 22 Page ID #:63

1

23.   Plaintiff Asian Americans Advancing Justice Los Angeles (“Advancing

2 Justice – LA”) is an organization of attorneys and other advocates who, inter alia,

3 provide free legal assistance to immigrants. Since on or before January 28, 2017,

4 attorneys from the Advancing Justice – LA have been at LAX Airport attempting to

5 assist individuals denied entry and detained pursuant to the EO.

6

24.   Plaintiff Iranian American Bar Association (“IABA”) is a national

7 organization of Iranian American attorneys with a membership in the hundreds, and

8 is the largest network of Iranian American lawyers in the U.S. Its mission includes

9 educating and informing the Iranian-American community about legal issues of

10 interest, advancing legal rights of the community, and ensuring that the American

11 public at large, local representatives, and other government officials are fully and

12 accurately informed on legal matters of interest and concern to the Iranian-American

13 community. Members or IABA have been at LAX Airport attempting to assist

14 individuals denied entry and detained pursuant to the EO.

15

25.   Plaintiff National Lawyers Guild, Los Angeles Chapter (“NLG-LA”) is

16 an organization of attorneys who seek, inter alia, to provide free legal assistance to

17 immigrants. Since on or before January 28, 2017, attorneys from the NLG-LA have

18 been at LAX Airport attempting to assist individuals denied entry and detained

19 pursuant to the EO.

20

26.   The U.S. Department of Homeland Security (“DHS”) is a cabinet

21 department of the United States federal government with the primary mission of

22 securing the United States.

23

27.   U.S. Customs and Border Protection (“CBP”) is an agency within DHS

24 with the primary mission of detecting and preventing the unlawful entry of persons

25 and goods into the United States.

26

28.   Respondent John Kelly is the Secretary of DHS. Secretary Kelly has

27 immediate custody of Petitioner. He is sued in his official capacity.

28

7
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 9 of 22 Page ID #:64

1

29.   Respondent Kevin K. McAleenan is the Acting Commissioner of CBP.

2 Acting Commissioner McAleenan has immediate custody of Petitioner. He is sued

3 in his official capacity.

4

30.   Respondent Mitchell Merriam is the Director of the Los Angeles Field

5 Office of CBP, which has immediate custody of. He is sued in his official capacity.

6

31.   Respondent Donald Trump is the President of the United States. He is

7 sued in his official capacity.

8

STATEMENT OF FACTS

9 President Trump’s January 27, 2017 Executive Order

10

32.   On January 20, 2017, Donald Trump was inaugurated as the forty-fifth

11 President of the United States. During his campaign, he stated that he would ban

12 Muslims from entering the United States.

13

33.   On January 27, one week after his inauguration, President Trump signed

14 an executive order entitled, “Protecting the Nation from Foreign Terrorist Entry into

15 the United States,” which is attached hereto as Exhibit B and is hereinafter referred

16 to as the “EO.”

17

34.   In statements to the press in connection with his issuance of the EO,

18 President Trump stated that his order would help Christian refugees to enter the

19 United States.

20

35.   Citing the threat of terrorism committed by foreign nationals, the EO

21 directs a variety of changes to the manner and extent to which non-citizens may seek

22 and obtain entry to the United States. Among other things, the EO imposes a 120-

23 day moratorium on the refugee resettlement program as a whole; proclaims that “that

24 the entry of nationals of Syria as refugees is detrimental to the interests of the United

25 States”; and therefore singles out Syrian refugees for an indefinite “suspension” on

26 their admission to the country.

27

28

8
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 10 of 22 Page ID #:65

1

36.   Most relevant to the instant action is Section 3(c) of the EO, in which

2 President Trump proclaims “that the immigrant and nonimmigrant entry into the

3 United States of aliens from countries referred to in section 217(a)(12) of the INA, 8

4 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States,” and

5 that he is therefore “suspend[ing] entry into the United States, as immigrants and

6 nonimmigrants, of such persons for 90 days from the date of this order,” with narrow

7 exceptions not relevant here.

8

37.   There are seven countries that fit the criteria in 8 U.S.C. § 1187(a)(12):

9 Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. According to the terms of the

10 EO, therefore, the “entry into the United States” of non-citizens from those countries

11 is “suspended” from 90 days from the date of the EO.

12 Petitioner Khanon Mahindokht Azad

13

38.   Petitioner Khanon Mahindokht Azad is an Iranian citizen. She is 78

14 years old. Petitioner Azad resides in Iran, but travels to the United States one every

15 few years to visit her children, nine of whom are United States citizens and one who

16 is a lawful permanent resident.

17

39.   Petitioner Azad was traveling from Iran to the United States on a

18 validly-issued tourist visa to visit her children.

19

40.   However, when she arrived at LAX Airport at around 12:30 p.m. on

20 January 28, 2017, Petitioner Azad was denied entry to the United States and was

21 detained by CBP.

22

41.   Petitioner Azad has been permitted to call her son while in detention

23 and explained to her son that CBP officials are pressuring her to sign a document

24 agreeing to withdraw her application for admission. So far, she has refused to sign.

25

42.   Petitioner Azad is not being permitted to meet with her attorneys who

26 are present at LAX Airport and have made multiple attempts to meet with her.

27

28

9
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 11 of 22 Page ID #:66

1

43.   Petitioner Azad suffers significant health issues, including diabetes, for

2 which she needs regular insulin infusions, high blood pressure, kidney problems, and

3 high cholesterol. In the afternoon of January 28, 2017, CBP officers called her son

4 to inform him that she had fallen ill and they had to call an ambulance, but that she

5 had recovered and was feeling better.

6

44.   Petitioner Azad remains detained by CBP at LAX Airport and is not

7 being allowed to enter the United States to meet with her children.

8 Petitioner Marzieh Moosavizadeh Yazdi

9

45.   Petitioner Gishh Alsaeedi is an Iraqi citizen and eighty-two year old

10 woman. She lives in Baghdad, Iraq. Petitioner Alsaeedi was traveling from Iraq, via

11 Dubai, to the United States to visit her daughter and grandchildren. She has not seen

12 her daughter in 19 years, and has never met any of her six grandchildren who live

13 here in the United States. Petitioner Alsaeedi is Muslim.

14

46.   Petitioner Alsaeedi arrived at LAX Airport on January 28, 2017 at

15 around 12:45 p.m. She is traveling on a tourist visa and her Iraqi passport.

16

47.   However, upon her arrival, CBP denied her entry into the United States

17 and detained her at LAX Airport.

18

48.   Petitioner Alsaeedi was traveling with a family friend, because she was

19 uncomfortable traveling alone; however, the friend was not detained but instead

20 released because he is a United States citizen.

21

49.   Petitioner Alsaeedi has not been permitted to call her family since being

22 detained by CBP. She suffers from high blood pressure and vision loss. Petitioner

23 Alsaeedi remains detained by CBP at LAX Airport.

24

50.   Petitioner Alsaeedi is not being permitted to meet with her attorneys

25 who are present at LAX Airport and have made multiple attempts to meet with her.

26

51.   Petitioner Alsaeedi remains detained by CBP at LAX Airport and is not

27 being allowed to enter the United States to meet with her children.

28

10
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 12 of 22 Page ID #:67

1 Petitioner Mustafa Abdul Wahed

2

52.   Petitioner Mustafa Abdul Wahed is a 50 year-old Syrian citizen with

3 permanent residence in Saudi Arabia. He has lived in Saudi Arabia since he was a

4 child, and currently lives in Gassim. Petitioenr Wahed is Muslim.

5

53.   Petitioner Wahed works for a Saudi company involved in date palm

6 farming, and was traveling from Jedda to the United States to observe date palm

7 farming operations in conjunction with universities and farmers in California and

8 Arizona.

9

54.   He arrived at LAX Airport on January 28, 2017. He is traveling on a

10 business visa and his Syrian passport.

11

55.   However, upon his arrival, CBP denied him entry into the United States

12 and detained him. He remains detained at LAX Airport. Petitioner was traveling with

13 three other coworkers; however, the coworkers were not detained but instead

14 released.

15

56.   Since his detention by CBP, Petitioner Wahed has not been permitted to

16 call his coworkers or family since being detained by CBP.

17

57.   Petitioner Wahed is not being permitted to meet with his attorneys who

18 are present at LAX Airport and have made multiple attempts to meet with him.

19

58.   Petitioner Wahed suffers from high blood pressure and diabetes.

20 Information Regarding Other Detainees

21

50. Upon information and belief, a number of other individuals have been

22 detained under color of the EO in LAX. Some have been held for over 24 hours. They 23 have been denied access to phones to call their family members and the 24 Organizational Petitioners. They have been pressured by Respondents to withdraw 25 their applications for admission or otherwise waive their right to remain in the United 26 States. 27 Plaintiff Organizations
28

11
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 13 of 22 Page ID #:68

1

59.   Plaintiff Public Counsel is a 501(c)(3) non-profit organization located

2 at 610 S. Ardmore Avenue, Los Angeles, California. It has been in operation since

3 1970. Its primary goals are to advance the rights of children, immigrants fleeing

4 persecution and torture, and to foster economic and social justice in underserved

5 communities through quality legal representation. Public Counsel has diverted

6 significant resources, including staff time, to protect the rights of lawful immigrants

7 seeking entry to the United States through LAX Airport since the issuance of the

8 January 27, 2017 EO. Public Counsel attorneys were repeatedly denied access to

9 clients detained by U.S. Customs and Border Patrol in the days following the

10 issuance of the executive order.

11

60.   Plaintiff American Immigration Lawyers Association (“AILA”) is a

12 voluntary bar association of more than 14,000 attorneys and law professors

13 practicing, researching, and teaching in the field of immigration and nationality law.

14 Its mission includes the advancement of the law pertaining to immigration and

15 nationality and the facilitation of justice in the field. AILA members regularly advise

16 and represent businesses, United States citizens, lawful permanent residents, and

17 foreign nationals regarding the application and interpretation of United States

18 immigration laws, including eligibility for visas and admission to the United States,

19 and the processes associated with applying for visas and admission at a United States

20 port of entry. AILA attorneys have diverted significant resources to protect the rights

21 of lawful immigrants seeking entry to the United States through LAX Airport since

22 the issuance of the January 27, 2017 EO. AILA attorneys have been repeatedly

23 denied access to clients detained by CBP in the days following the issuance of the

24 executive order.

25

61.   Plaintiff Advancing Justice – LA is a non-profit, community based civil

26 rights and legal services organization. Founded in 1983, Advancing Justice – LA

27 serves more than 15,000 individuals and organizations every year. Through direct

28

12
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 14 of 22 Page ID #:69

1 services, impact litigation, policy advocacy, leadership development, and capacity

2 building, Advancing Justice – LA’s mission is to focus on serving the civil rights and

3 legal services needs of the most vulnerable members of Asian American and NHPI

4 communities while also building a strong voice for civil rights and social justice. In

5 furtherance if its mission, Advancing Justice – LA represents clients in immigration

6 proceedings, and brings lawsuits to protect the civil and human rights of immigrants,

7 including the rights of refugees and legal permanent residents to come to and stay in

8 the United States. Advancing Justice – LA has been counsel of record in the case

9 Valle del Sol v. Whiting (D. Az., Case No. 10-01061), a case challenging Arizona’s

10 SB 1070, a law that curtails the Constitutional rights of individuals the state deems

11 are present in the country unlawfully.

12

62.   As a result of the EO, Advancing Justice – LA has had to divert

13 resources to assist refugees and Lawful Permanent Residents (“LPRs”) who are

14 subject to deportation and detention under the EO. Advancing Justice has deployed

15 lawyers and legal advocates to LAX Airport, who have monitored flights arriving

16 with refugees and LPRs, assisted with legal intake, and monitored legal list serves to

17 help triage people to appropriate legal resources. Advancing Justice – LA have also

18 spent resources coordinating and deploying volunteer attorneys to LAX Airport,

19 particularly with Arabic and Farsi language capacity, to assist individuals subject to

20 the EO.

21

54. The Iranian American Bar Association ("IABA") was formed in 2000

22 in the District of Columbia. IABA has grown to include eight chapters and a 23 membership of hundreds of prominent attorneys, members of the judiciary, and law 24 students across the nation, and is now the largest network of Iranian American 25 lawyers in the U.S. Its mission includes educating and informing the Iranian26 American community about legal issues of interest, advancing legal rights of the 27 community, and ensuring that the American public at large, local representatives, and
28

13
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 15 of 22 Page ID #:70

1 other government officials are fully and accurately informed on legal matters of

2 interest and concern to the Iranian-American community. Since on or before January

3 28, 2017, attorneys from the IABA have been at LAX Airport attempting to assist

4 individuals denied entry and detained pursuant to the EO. They have been denied

5 access to interview individuals detained pursuant to Respondents’ enforcement of the

6 order.

7

63.   Plaintiff National Lawyers Guild, Los Angeles Chapter (NLG-LA) is an

8 organization of attorneys who seek, inter alia, to provide free legal assistance to

9 immigrants. Since on or before January 28, 2017, attorneys from the NLG-LA have

10 been at LAX Airport attempting to assist individuals denied entry and detained

11 pursuant to the EO.

12

64.   Individual Petitioners and other detainees have now been detained for

13 an extended period of time solely pursuant to the EO, despite the fact that

14 Respondents lack authority to remove them under that EO. Petitioners have also been

15 denied access to legal counsel from Organizational Petitioners. Absent access to their

16 counsel, Individual Petitioners and other individuals detained at LAX Airport cannot

17 meaningfully understand their legal rights and obligations—and therefore they

18 cannot make determinations about what legal proceedings to pursue, including

19 whether or not to withdraw their applications for admission, as . Moreover, if

20 removed from the United States, Individual Petitioners and other individuals detained

21 at LAX Airport are uncertain when or whether they will be permitted to return to the

22 United States. Similarly, if removed from the United States, Individual Petitioners 23 and other individuals detained at LAX Airport may lose material legal rights. 24 Respondents may later argue, for example, that there are legal distinctions to be 25 drawn between individuals within the United States and those outside the United 26 States. Finally, because Petitioner Organizations and other attorneys are being denied 27 access to individuals detained at LAX Airport, their status is unknown, and there is
28

14
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 16 of 22 Page ID #:71

1 the possibility that Individual Petitioners or other individuals detained therein have

2 claims for asylum or other form of protection in the United States, and that absent

3 access to counsel, they would be denied the opportunity to request such relief.

4
CAUSES OF ACTION

5
COUNT ONE

6
FIFTH AMENDMENT DUE PROCESS

7
ACCESS TO COUNSEL

8

65.   Plaintiffs-Petitioners repeat and incorporate by reference each and every

9
allegation contained in the preceding paragraphs as if fully set forth herein.

10

66.   Defendants-Respondents’ acts of preventing attorneys to access

11
Individual Petitioners and other individuals detained in their custody at LAX Airport

12
violate the Due Process Clause of the Fifth Amendment.

13
COUNT TWO

14
ADMINISTRATIVE PROCEDURE ACT

15
ACCESS TO COUNSEL

16

67.   Plaintiffs-Petitioners repeat and incorporate by reference each and every

17
allegation contained in the preceding paragraphs as if fully set forth herein.

18

68.   Defendants-Respondents’ acts of preventing attorneys to access

19
Individual Petitioners and other individuals detained in their custody at LAX Airport

20
violate Section 555(b) of the Administrative Procedure Act.

21
COUNT THREE

22
IMMIGRATION AND NATIONALITY ACT

23
ACCESS TO COUNSEL

24

69.   Plaintiffs-Petitioners repeat and incorporate by reference each and every

25
allegation contained in the preceding paragraphs as if fully set forth herein.

26

70.   Defendants-Respondents’ acts of preventing attorneys to access

27
Individual Petitioners and other individuals detained in their custody at LAX Airport

28

15
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 17 of 22 Page ID #:72

1
violate 8 C.F.R. § 292.5(b), and the statutory authority from which that regulation

2
derives, 8 U.S.C. § 1103.

3
COUNT FOUR

4
ARBITRARY DETENTION IN VIOLATION OF DUE PROCESS

5

71.   Plaintiffs-Petitioners repeat and incorporate by reference each and every

6
allegation contained in the preceding paragraphs as if fully set forth herein.

7

72.   Respondents have detained individual Petitioners and other detainees

8
without legal authority, apparently under color of the EO, in violation of the Due

9
Process Clause of the Fifth Amendment.

10
COUNT FIVE

11
FIRST AMENDMENT – ESTABLISHMENT CLAUSE

12

73.   Individual Petitioners repeat and incorporate by reference each and

13
every allegation contained in the preceding paragraphs as if fully set forth herein.

14

74.   The EO exhibits hostility to a specific religious faith, Islam, and gives

15
preference to other religious faiths, principally Christianity. Individual Petitioners’

16
detention based on the EO therefore violates the Establishment Clause of the First

17
Amendment by not pursuing a course of neutrality with regard to different religious

18
faiths.

19
COUNT SIX

20
FIFTH AMENDMENT – EQUAL PROTECTION

21

75.   Individual Petitioners repeat and incorporate by reference each and

22
every allegation contained in the preceding paragraphs as if fully set forth herein.

23

76.   The EO discriminates against Individual Petitioners on the basis of their

24
country of origin and religion without sufficient justification, and therefore violates

25
the equal protection component of the Due Process Clause of the Fifth Amendment.

26

77.   Additionally, the EO was substantially motivated by animus toward—

27
and has a disparate effect on—Muslims, which also violates the equal protection

28

16
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 18 of 22 Page ID #:73

1
component of the Due Process Clause of the Fifth Amendment. Jana-Rock Const.,

2
Inc. v. N.Y. State Dep’t of Econ. Dev., 438 F.3d 195, 204 (2d Cir. 2006); Hunter v.

3
Underwood, 471 U.S. 222 (1985).

4

78.   Respondents have demonstrated an intent to discriminate against

5
Petitioners on the basis of religion through repeated public statements that make clear

6
the EO was designed to prohibit the entry of Muslims to the United States. See

7
Michael D. Shear & Helene Cooper, Trump Bars Refugees and Citizens of 7 Muslim

8
Countries, N.Y. Times (Jan. 27, 2017), (“[President Trump] ordered that Christians

9
and others from minority religions be granted priority over Muslims.”); Carol

10
Morello, Trump Signs Order Temporarily Halting Admission of Refugees, Promises

11
Priority for Christians, Wash. Post (Jan. 27, 2017).

12

79.   Applying a general law in a fashion that discriminates on the basis of

13
religion violates Petitioner’s rights to equal protection under the Fifth Amendment

14
Due Process Clause. Hayden v. County of Nassau, 180 F.3d 42, 48 (2d Cir. 1999);

15
Yick Wo v. Hopkins, 118 U.S. 356, 373-74 (1886). Petitioners satisfy the Supreme

16
Court’s test to determine whether a facially neutral law – in this case, the EO and

17
federal immigration law – has been applied in a discriminatory fashion. The Supreme

18
Court requires an individual bringing suit to challenge the application of a law bear

19
the burden of demonstrating a “prima facie case of discriminatory purpose.”Vill. of

20
Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 266-7 (1977). This test

21
examines the impact of the official action, whether there has been a clear pattern

22
unexplainable on other grounds besides discrimination, the historical background of

23
the decision, the specific sequence of events leading up to the challenged decision,

24
and departures from the normal procedural sequence. Id.

25

80.   Here, President Donald Trump and senior staff have made clear that EO

26
will be applied to primarily exclude individuals on the basis of their national origin

27
and religion. See, e.g., Donald J. Trump, Donald J. Trump Statement On Preventing

28

17
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 19 of 22 Page ID #:74

1
Muslim Immigration, (Dec. 7, 2015), https://www.donaldjtrump.com/press-

2
releases/donald-j.-trump-statement-on-preventing-muslim-immigration (“Donald J.

3
Trump is calling for a total and complete shutdown of Muslims entering the United

4
States until our country's representatives can figure out what is going on.”); Abby

5
Phillip and Abigail Hauslohner, Trump on the Future of Proposed Muslim Ban,

6
Registry: ‘You know my plans’, Wash. Post (Dec. 22, 2016). Further, the President

7
has promised that preferential treatment will be given to Christians, unequivocally

8
demonstrating the special preferences and discriminatory impact that the EO has

9
upon Petitioner. See supra.

10

81.   Thus, Respondents have applied the EO with forbidden animus and

11
discriminatory intent in violation of the equal protection component of the Fifth

12
Amendment.

13
COUNT SEVEN

14
ADMINISTRATIVE PROCEDURE ACT

15

82.   Petitioners repeat and incorporate by reference each and every

16
allegation contained in the preceding paragraphs as if fully set forth herein.

17

83.   Respondents detained and mistreated Individual Petitioners solely

18
pursuant to the EO, which expressly discriminates against Individual Petitioners on

19
the basis of their country of origin and was substantially motivated by animus toward

20
Muslims. See supra.

21

84.   The EO exhibits hostility to a specific religious faith, Islam, and gives

22
preference to other religious faiths, principally Christianity.

23

85.   The INA forbids discrimination in issuance of visas based on a person’s

24
race, nationality, place of birth, or place of residence. 8 U.S.C. § 1152(a)(1)(A).

25

86.   Respondents’ actions in detaining and mistreating Petitioners were

26
arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,

27
in violation of APA § 706(2)(A); contrary to constitutional right, power, privilege,

28

18
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 20 of 22 Page ID #:75

1
or immunity, in violation of APA § 706(2)(B); in excess of statutory jurisdiction,

2
authority, or limitations, or short of statutory right, in violation of APA § 706(2)(C);

3
and without observance of procedure required by law, in violation of § 706(2)(D).

4
COUNT EIGHT

5
RELIGIOUS FREEDOM RESTORATION ACT

6

87.   Individual Petitioners repeat and incorporate by reference each and

7
every allegation contained in the preceding paragraphs as if fully set forth herein.

8

88.   The EO will have the effect of imposing a special disability on the basis

9
of religious views or religious status, by withdrawing an important immigration

10
benefit principally from Muslims on account of their religion. In doing so, the EO

11
places a substantial burden on Individual Petitioners’ exercise of religion in a way

12
that is not the least restrictive means of furthering a compelling governmental

13
interest.

14
COUNT NINE

15
COERCION TO ABANDON REQUEST FOR ADMISSION

16

89.   Petitioners repeat and incorporate by reference each and every

17
allegation contained in the preceding paragraphs as if fully set forth herein.

18

90.   Due process and governing regulations specifically prevent Petitioners

19
from being coerced into abandoning their ability to enter the United States. See 8

20
C.F.R. § 287.8(c)(2)(vii) (“The use of threats, coercion, or physical abuse by the

21
designated immigration officer to induce a suspect to waive his or her rights or to

22
make a statement is prohibited.”).

23
COUNT TEN

24
IMMIGRATION AND NATIONALITY ACT

25
8 U.S.C. §§ 1101(a)(26), 1184, 1101(a)(15)(B)

26

91.   Individual Petitioners repeat and incorporate by reference each and

27
every allegation contained in the preceding paragraphs as if fully set forth herein.

28

19
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 21 of 22 Page ID #:76

1
Individual Petitioners have valid U.S. visas, and Respondents’ denial of their

2
admission into the United States violates 8 U.S.C. §§ 1101(a)(26), 1184,

3
1101(a)(15)(B).

4
PRAYER FOR RELIEF

5
WHEREFORE, Petitioners pray that this Court grant the following relief:

6

1)   Issue a Writ of Habeas Corpus requiring Respondents to release the

7
Individual Petitioners;

8

2)   Issue an injunction ordering Respondents not to detain the Individual

9
Petitioners solely on the basis of the EO;

10

3)   Enter an Order declaring that Respondents’ detention of the Individual

11
Petitioners is and will be unauthorized by statute and contrary to law;

12

4)   Issue an injunction prohibiting Respondents from accepting a voluntary

13
withdrawal of an application for admission or a voluntary relinquishment

14
of legal status in the United States;

15

5)   Issue an injunction requiring Respondents to inform Petitioners that they

16
are legally entitled to enter the United States as nonimmigrant visa

17
holders, and that no federal official can or will take retaliatory action in

18
response to Petitioners’ refusal to withdraw their applications for

19
admission or refusal to relinquish legal status in the United States;

20

6)   Issue declaratory relief holding that Respondents have an obligation under

21
the governing law to inform all individuals detained within their custody

22
that the Executive Order has been stayed, and that there can be no

23
retaliatory action taken in response to Petitioners’ refusal to withdraw

24
application for admission or refusal to relinquish legal status in the United

25
States;

26

7)   Issue an injunction ordering that Respondents shall permit lawyers access

27
to all individuals detained at LAX Airport;

28

20
  

Case 2:17-cv-00706 Document 6 Filed 01/29/17 Page 22 of 22 Page ID #:77

1

8)   Issue an injunction ordering that Respondents shall permit Individual

2
Petitioners and other detainees access to phones with which to contact

3
their friends, families, and Organizational Petitioners;

4

9)   Issue an Order prohibiting Respondents from denying Petitioners

5
admission to the United States pursuant to their status as nonimmigrants

6
and the terms of the Immigration and Nationality Act;

7

10)   Award Petitioners reasonable costs and attorneys’ fees; and

8

11)   Grant any other and further relief that this Court may deem fit and proper.

9

10 DATED: January 29, 2017
11 12

Respectfully submitted,
ACLU FOUNDATION OF SOUTHERN CALIFORNIA

13

LAW OFFICES OF STACY TOLCHIN

14
/s/ Carmen Iguina
15
CARMEN IGUINA
16

17

18

19

20

21

22

23

24

25

26

27

28

21
  

 
 Case 2:17-cv-00706-SJO-GUJNSITEDDocSuTmAeTnEt 2S8DIFSiTleRdIC02T/0C3O/1U7RTPage 1 of P2riorPitayge ID #:253

CENTRAL DISTRICT OF CALIFORNIA

Send Enter

CIVIL MINUTES - GENERAL

Closed JS-5/JS-6

Scan Only

CASE NO.: CV 17-00706 SJO (GJSx)

TITLE:

Azad et al. v. Trump et al.

DATE: February 3, 2017

======================================================================== PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Victor Paul Cruz Courtroom Clerk

Not Present Court Reporter

COUNSEL PRESENT FOR PLAINTIFFS:

COUNSEL PRESENT FOR RESPONDENTS:

Not Present

Not Present

======================================================================== PROCEEDINGS (in chambers): ORDER DENYING PETITIONERS' THIRD EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING STATUS CONFERENCE [Docket No. 16]

The Court is in receipt of and has reviewed the following four documents:

(1) The First Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief ("Amended Petition and Complaint") filed by Petitioners Khanon Mahindokht Azad ("Azad"), Gishh Alsaeedi ("Alsaeedi"), Mustafa Abdul Wahed ("Wahed") (together, "Individual Petitioners") and Plaintiffs Public Counsel, American Immigration Lawyers Association, Asian Americans Advancing Justice – LA, Iranian American Bar Association, and National Lawyers Guild – Los Angeles Chapter (together, "Plaintiff Organizations") on January 29, 2017, (ECF No. 6.);
(2) Individual Petitioners' Third Ex Parte Application for Temporary Restraining Order ("Third TRO Application"), filed February 1, 2017, (ECF No. 16);
(3) Respondents Donald Trump, John F. Kelly, U.S. Department of Homeland Security, U.S. Customs and Border Protection, Kevin McAleenan, and Mitchell Merriam's (together, "Respondents") Opposition to the Amended Petition for Writ of Habeas Corpus ("Opposition"), filed February 3, 2017, (ECF No. 26); and
(4) Individual Petitioners' Notice of Withdrawal of Ex Parte Application for Temporary Restraining Order ("Notice of Withdrawal"), also filed February 3, 2017 (ECF No. 27).

In light of Individual Petitioners' withdrawal of their Third TRO Application and their submission that "they have not obtained information within the last 48 hours establishing that LAX officials continue to engage in the extended detentions and other coercive practices described" in the Third TRO Application and its associated documents, (see Notice of Withdrawal 1), the Court DENIES the Third TRO Application.

Page 1 of 2

Case 2:17-cv-00706-SJO-GUJNSITEDDocSuTmAeTnEt 2S8DIFSiTleRdIC02T/0C3O/1U7RTPage 2 of P2riorPitayge ID #:254

CENTRAL DISTRICT OF CALIFORNIA

Send Enter

CIVIL MINUTES - GENERAL

Closed JS-5/JS-6

Scan Only

CASE NO.: CV 17-00706 SJO (GJSx)

DATE: February 3, 2017

Both the Notice of Withdrawal and Respondents' Opposition to the Amended Petition and Complaint suggest that no individuals, including the three Individual Petitioners, remain detained at Los Angeles International Airport ("LAX") pursuant to the Executive Order titled "Protection the Nation from Foreign Terrorist Entry into the United States" that issued on January 27, 2017 (the "Executive Order"). (See generally Notice of Withdrawal; Opp'n.) The Amended Petition and Complaint, however, is largely directed at remedying alleged violations that occurred at LAX as a result of the Executive Order. (See generally Am. Pet. & Compl.) Because a habeas petition does not "continue to present a live controversy after a petitioner's release or deportation" absent "some remaining 'collateral consequence' that may be redressed by success on the petition," Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007) (quoting Spencer v. Kemna, 523 U.S. 1, 7 (1998)), the Court takes seriously Respondents' position that the habeas petition has been rendered moot, (see generally Opp'n).
That said, in their Prayer for Relief, Individual Petitioners and Plaintiff Organizations seek to declare portions of the Executive Order and Respondents' conduct as unauthorized by statute and contrary to law and further seek to enjoin Respondents from accepting a voluntary withdrawal of an application for admission or a voluntary relinquishment of legal status in the United States. (See Am. Pet. & Compl. at 21-22.) Moreover, the Court notes that the operative pleading in this action is not only brought pursuant to the Habeas Corpus Suspension Clause of the United States Constitution and the associated habeas corpus statutes, but is also brought pursuant to a number of other federal statutes, including 28 U.S.C. Section 1331, 28 U.S.C. Section 1361, and the Declaratory Judgment Act, 28 U.S.C. Section 2201 et seq. (See Am. Pet. & Compl. ¶ 15.)
In light of these issues, the Court finds occasion to set a status conference (1) to clarify issues of mootness and standing; (2) to address the possibility and propriety of amending the operative pleadings; and (3) to discuss the status of litigations challenging aspects of the Executive Order that are currently pending throughout the country. The Court SETS a status conference for Friday, February 10, 2017 at 10:00am. The Court ORDERS the Plaintiff Organizations to submit, on or before Tuesday, February 7, 2017 at 4:00pm Pacific Standard Time, a memorandum, totaling no more than ten (10) pages, addressing why this action is not moot, why they would have standing to litigation this action if the Court were to dismiss the Individual Petitioners, and whether they intend to file a Second Amended Complaint. Should Respondents wish to respond to this memorandum, they may do so by filing a memorandum of their own, totaling no more than five (5) pages, on or before Wednesday, February 8, 2017 at 4:00pm Pacific Standard Time.
IT IS SO ORDERED.

Page 2 of 2

 
 Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 1 of 12
ACCO,TRO,(GJSx),DISCOVERY,RELATED−G
UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division − Los Angeles)
CIVIL DOCKET FOR CASE #: 2:17−cv−00706−SJO−GJS

Fatema Farmad et al v. Donald Trump et al Assigned to: Judge S. James Otero Referred to: Magistrate Judge Gail J. Standish Related Case: 2:17−cv−00702−SJO−GJS Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Petitioner

Date Filed: 01/29/2017 Jury Demand: None Nature of Suit: 463 Habeas Corpus − Alien Detainee Jurisdiction: U.S. Government Defendant

Fatema Farmad TERMINATED: 01/29/2017

represented by Ahilan T Arulanantham ACLU Foundation of Southern California 1313 West Eighth Street Los Angeles, CA 90017 213−977−9500 Fax: 213−977−5297 Email: aarulanantham@aclu−sc.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina ACLU of Southern California 1313 West Eighth Street Los Angeles, CA 90017 213−977−9500 Fax: 213−977−5297 Email: ciguina@aclusocal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella ACLU Foundation of Southern California 1313 West Eight Street Los Angeles, CA 90017 213−977−9500 Fax: 213−977−5297 Email: jpasquarella@aclu−sc.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Megan A Brewer Law Offices of Stacy Tolchin 634 South Spring Street Suite 500A Los Angeles, CA 90014 213−622−7450 Fax: 213−622−7233 Email: megan@tolchinimmigration.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Bibring ACLU Foundation of Southern California 1313 West Eight Street Los Angeles, CA 90017 213−977−9500 Fax: 213−977−5297 Email: pbibring@aclu−sc.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 2 of 12

Stacy Eva Tolchin Law Offices of Stacy Tolchin 634 South Spring Street Suite 500A Los Angeles, CA 90014 213−622−7450 Fax: 213−622−7233 Email: Stacy@tolchinimmigration.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
Marzieh Moosavizadeh Yazdi TERMINATED: 01/29/2017

represented by Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
Khanon Mahindokht Azad Individually

represented by Adrienna Wong ACLU Foundation of Southern California 1313 West Eighth Street Los Angeles, CA 90017 213−977−5204 Fax: 213−977−5297 Email: AWong@aclusocal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella (See above for address)

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 3 of 12

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
Gishh Alsaeedi Individually

represented by Adrienna Wong (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
Mustafa Abdul Wahed Individually

represented by Adrienna Wong (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 4 of 12

Petitioner Public Counsel
Petitioner

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Adrienna Wong (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 5 of 12

American Immigration Lawyers Association

Adrienna Wong (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
Asian Americans Advancing Justice − LA

represented by Adrienna Wong (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Bibring (See above for address) LEAD ATTORNEY

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 6 of 12

ATTORNEY TO BE NOTICED

Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner Iranian American Bar Association

represented by Adrienna Wong (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
National Lawyers Guild−LA Nonprofit Organizations

represented by Adrienna Wong (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahilan T Arulanantham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carmen G Iguina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L Pasquarella (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 7 of 12
Megan A Brewer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Bibring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stacy Eva Tolchin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Respondent Donald Trump President of the United States
Respondent John F. Kelly Secretary, Department of Homeland Security
Respondent U.S. Department of Homeland Security ("DHS")

represented by Brian Christopher Ward US Department of Justice Office of Immigration Litigation − Civil Division PO Box 868 Ben Franklin Station Washington, DC 20044−0868 202−616−9121 Fax: 202−305−7000 Email: brian.c.ward@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Assistant 2241−194 US Attorney LA−CV AUSA − Office of US Attorney Criminal Division − US Courthouse 312 North Spring Street 12th Floor Los Angeles, CA 90012−4700 213−894−2434 Email: USACAC.Habeas@usdoj.gov ATTORNEY TO BE NOTICED
represented by Brian Christopher Ward (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Assistant 2241−194 US Attorney LA−CV (See above for address) ATTORNEY TO BE NOTICED
represented by Brian Christopher Ward (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Assistant 2241−194 US Attorney LA−CV (See above for address) ATTORNEY TO BE NOTICED

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 8 of 12

Respondent
U.S. Customs and Border Protection ("CBP")

represented by Brian Christopher Ward (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Assistant 2241−194 US Attorney LA−CV (See above for address) ATTORNEY TO BE NOTICED

Respondent
Kevin McAleenan Acting Commissioner of CBP

represented by Brian Christopher Ward (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Assistant 2241−194 US Attorney LA−CV (See above for address) ATTORNEY TO BE NOTICED

Respondent
Mitchell Merriam Los Angeles Field Director of CBP

represented by Brian Christopher Ward (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Assistant 2241−194 US Attorney LA−CV (See above for address) ATTORNEY TO BE NOTICED

Date Filed 01/29/2017
01/29/2017
01/29/2017 01/29/2017 01/29/2017 01/29/2017
01/29/2017

# Docket Text
1 [DISMISSED AS MOOT PURSUANT TO ORDER E−FILED 1/30/17] − PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. 0973−19268639 for $5 filing fee, filed by Plaintiffs Marzieh Moosavizadeh Yazdi, Fatema Farmad. (Attachments: # 1 Exhibits A−B) (Attorney Carmen G Iguina added to party Fatema Farmad(pty:pet), Attorney Carmen G Iguina added to party Marzieh Moosavizadeh Yazdi(pty:pet))(Iguina, Carmen) Modified on 1/31/2017 (shb). (Entered: 01/29/2017)
2 EX PARTE APPLICATION for Temporary Restraining Order as to to allow Petitioners into U.S. filed by Plaintiffs Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Attachments: # 1 Memorandum, # 2 Order to Show Cause) (Iguina, Carmen) (Entered: 01/29/2017)
3 CIVIL COVER SHEET filed by Petitioners Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Iguina, Carmen) (Entered: 01/29/2017)
4 NOTICE Notice of Release of Petitioners filed by Petitioners' Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Iguina, Carmen) (Entered: 01/29/2017)
5 NOTICE of Appearance (Ward, Brian) (Entered: 01/29/2017)
6 First AMENDED PETITION against Respondents amending Petition for Writ of Habeas Corpus, 1 , filed by Petitioners Marzieh Moosavizadeh Yazdi, Fatema Farmad (Attachments: # 1 Exhibit)(Iguina, Carmen) Modified as to Party Text on 1/30/2017 (mu). (Entered: 01/29/2017)
7 EX PARTE APPLICATION for Temporary Restraining Order as to First Amended Petition for Writ of Habeas Corpus & Complaint for Declaratory & Injunctive Relief filed by Plaintiffs Khanon Mahindokht Azad, et al. Ex Parte Application set for

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 9 of 12

01/29/2017 01/30/2017 01/30/2017 01/30/2017 01/30/2017
01/30/2017 01/30/2017
02/01/2017 02/01/2017

hearing on 1/29/2017 at 05:00 PM before Judge Dolly M. Gee. (Attachments: # 1 Points & Authorities, # 2 Declaration, # 3 Proposed Order) (Iguina, Carmen) Modified on 2/1/2017 (shb). (Entered: 01/29/2017)
8 NOTICE of Release of Individual Petitioners filed by Petitioner Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Attachments: # 1 Declaration Bleckley Declaration)(Iguina, Carmen) (Entered: 01/29/2017)
9 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Valerie Baker Fairbank and referred to Magistrate Judge Frederick F. Mumm, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83−2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 01/30/2017)
10 NOTICE OF WITHDRAWAL OF EMERGENCY RELIEF REQUEST AS TO PETITIONERS, AND CONTINUING INVESTIGATION AS TO PLAINTIFF ORGANIZATION'S CLAIMS filed by Petitioners' Fatema Farmad, Marzieh Moosavizadeh Yazdi. (Iguina, Carmen) (Entered: 01/30/2017)
11 NOTICE of Interested Parties filed by Plaintiffs−Petitioners Fatema Farmad, Marzieh Moosavizadeh Yazdi, identifying Khanon Mahindokht Azad, Gishh Alsaeedi, Mustafa Abdul Wahed, Public Counsel, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Iranian American Bar Association, National Lawyers Guild−LA, Donald Trump, John F. Kelly, U.S. Department of Homeland Security, U.S. Customs and Border Protection, Kevin K. Mcaleenan, Mitchell Merriam. (Iguina, Carmen) (Entered: 01/30/2017)
12 NOTICE OF ERRATA filed by Petitioners Fatema Farmad, Marzieh Moosavizadeh Yazdi. correcting EX PARTE APPLICATION for Temporary Restraining Order as to First Amended Petition for Writ of Habeas Corpus & Complaint for Declaratory & Injunctive Relief 7 , Notice (Other) 4 , Civil Cover Sheet (CV−71) 3 , Petition for Writ of Habeas Corpus, 1 , EX PARTE APPLICATION for Temporary Restraining Order as to to allow Petitioners into U.S. 2 , Notice (Other) 8 CORRECTION ONLY TO PROOF OF SERVICE (Attachments: # 1 Corrected Proof of Service)(Iguina, Carmen) (Entered: 01/30/2017)
13 Corrected Notice of Errata filed by Petitioner Fatema Farmad, Respondent John F. Kelly re: Errata,, 12 (Attachments: # 1 Corrected Proof of Service)(Iguina, Carmen) (Entered: 01/30/2017)
14 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank: re: The original habeas petition and complaint filed by Farmad and Yazdi on January 29, 2017 [Doc #1] is DISMISSED as moot. The Ex Parte Application for Temporary Restraining Order filed by and in connection with the complaint/petition of Farmad and Yazdi on January 29, 2017 [Doc #2] is DISMISSED as moot. Fatema Farmad is TERMINATED as a party plaintiff. Marzieh Moosavizadeh Yazdi is TERMINATED as a party plaintiff. The Clerks Office SHALL ADD these three natural persons as parties plaintiff: Khanon Mahindokht Azad; Gishh Alsaeedi; Mustafa Abdul Wahed. The Clerks Office SHALL ADD these five entities as parties plaintiff: Public Counsel; American Immigration Lawyers Association; Asian Americans Advancing Justice−LA; Iranian American Bar Association; National Lawyers Guild−LA. The operative pleading is now the First Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief filed by Azad, Alsaeedi, and Wahed on January 29, 2017 (Document #6). (shb) (Entered: 01/31/2017)
15 Request for Clerk to Issue Summons on Amended Complaint/Petition, 6 filed by Plaintiffs−Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel. (Iguina, Carmen) (Entered: 02/01/2017)
16 EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 10 of 12

02/01/2017 02/01/2017 02/01/2017 02/01/2017 02/02/2017 02/02/2017
02/02/2017 02/03/2017

Wahed. (Attachments: # 1 Memorandum, # 2 Proposed Order to Show Cause) (Arulanantham, Ahilan) (Entered: 02/01/2017)
17 DECLARATION of Gishh Alsaeedi in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/01/2017)
18 DECLARATION of Judy London in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/01/2017)
19 DECLARATION of Marjan Vayghan in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/01/2017)
20 DECLARATION of Sara Yarjani in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed. (Attachments: # 1 Exhibits A−D)(Arulanantham, Ahilan) (Entered: 02/01/2017)
21 DECLARATION of Moustafa Abdul Wahed in Support of EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed. (Attachments: # 1 Exhibits A−B)(Arulanantham, Ahilan) (Entered: 02/02/2017)
22 [STRICKEN] MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank: re: EX PARTE APPLICATION for Temporary Restraining Order as to practices against targeted Muslims in Response to EO 16 . Directing Defendants to E−file a Response to the February 1, 2016 TRO Application (Document #16) By Midnight on Friday, February 3, 2017; Permitting Plaintiffs to E−File a Reply By Midnight on Sunday, February 5, 2017. No later than midnight1 on Friday, February 3, 2017, defendants SHALL E−FILE a response. No later than midnight on Sunday, February 5, 2017, plaintiffs MAY E−FILE a reply brief. Counsel should jointly contact the chambers of the assigned United States Magistrate Judge on themorning of Monday, February 6, 2017 to find out whether oral argument will be held on this TRO application. (shb) Modified on 2/3/2017 (smo). (Entered: 02/02/2017)
23 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16−05−Related Case− filed. Related Case No: 2:17−cv−702. Case transferred from Judge Valerie Baker Fairbank and Magistrate Judge Frederick F. Mumm to Judge S. James Otero and Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17−cv−00706 SJO (GJSx). Signed by Judge S. James Otero (esa) (Entered: 02/02/2017)
24 INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 02/03/2017)

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 11 of 12

02/03/2017
02/03/2017 02/03/2017 02/03/2017
02/07/2017 02/08/2017
02/08/2017 02/09/2017

25 MINUTE ORDER IN CHAMBERS by Judge S. James Otero: Pursuant to the related case transfer procedure set forth in General Order 16−05, this matter shall be assigned to District Judge S. James Otero. In light of the exigent issues raised in Petitioners Ex Parte Application for Temporary Restraining Order, the Court strikes the Scheduling Order issued by Judge Fairbank (ECF No. 22) and imposes the following modified briefing schedule: Respondents shall have until 4:00 p.m. EST on Friday, February 3, 2017 to file any response to Petitioners Ex Parte Application for Temporary Restraining Order (ECF No. 16.) The Courtroom Deputy has been in contact with Counsel for Respondents who have agreed to this modification. (smo) (Entered: 02/03/2017)
26 ANSWER to Amended Complaint/Petition, 6 filed by Respondents John F. Kelly, Kevin McAleenan, Mitchell Merriam, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ward, Brian) (Entered: 02/03/2017)
27 Notice of Withdrawal of Motion for Temporary Restraining Order, 16 filed by Plaintiffs−Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed. (Arulanantham, Ahilan) (Entered: 02/03/2017)
28 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING PETITIONERS' THIRD EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING STATUSCONFERENCE [Docket No. 16 ]. The Court SETS a status conference for Friday, February 10, 2017 at 10:00am. The Court ORDERS the Plaintiff Organizations to submit, on or before Tuesday, February 7, 2017 at 4:00pm Pacific Standard Time, a memorandum, totaling no more than ten (10) pages, addressing why this action is not moot, why they would have standing to litigation this action if the Court were to dismiss the Individual Petitioners, and whether they intend to file a Second Amended Complaint. Should Respondents wish to respond to thismemorandum, they may do so by filing a memorandum of their own, totaling no more than five (5) pages, on or before Wednesday, February 8, 2017 at 4:00pm Pacific Standard Time. IT IS SO ORDERED. See minute order for further details. (jy) (Entered: 02/03/2017)
29 PLAINTIFFS' STATUS MEMORANDUM RE COURT ORDER (DKT. 28) filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Iranian American Bar Association, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed re: Order on Motion for Temporary Restraining Order,,, 28 (Attachments: # 1 Exhibits A−B)(Arulanantham, Ahilan) (Entered: 02/07/2017)
30 NOTICE of Appearance filed by attorney Adrienna Wong on behalf of Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Iranian American Bar Association, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed (Attorney Adrienna Wong added to party Gishh Alsaeedi(pty:pet), Attorney Adrienna Wong added to party American Immigration Lawyers Association(pty:pet), Attorney Adrienna Wong added to party Asian Americans Advancing Justice − LA (pty:pet), Attorney Adrienna Wong added to party Khanon Mahindokht Azad (pty:pet), Attorney Adrienna Wong added to party Iranian American Bar Association (pty:pet), Attorney Adrienna Wong added to party National Lawyers Guild−LA(pty:pet), Attorney Adrienna Wong added to party Public Counsel(pty:pet), Attorney Adrienna Wong added to party Mustafa Abdul Wahed(pty:pet))(Wong, Adrienna) (Entered: 02/08/2017)
31 RESPONSE filed by Respondents John F. Kelly, Kevin McAleenan, Mitchell Merriam, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Securityto Miscellaneous Document, 29 (Ward, Brian) (Entered: 02/08/2017)
32 MINUTE ORDER IN CHAMBERS by Judge S. James Otero: The Court is in receipt of Plaintiffs' Status Conference Memorandum Re Court Order Dkt. 28 , (ECF No. 29 ), in which Plaintiffs requested leave to file a further statusconference memorandum in 10 days and to continue the status conference set for Friday, February 10, 2017 by two

Case: 2:17-cv-00706-SJO-GJS As of: 02/19/2017 01:53 PM PST 12 of 12

02/17/2017
02/17/2017 02/17/2017 02/17/2017

weeks in order to discuss issues including the status of other litigations and their intentions as to amending their complaint. The Court DENIES Plaintiffs' requests. The parties are ordered to appear at the status conference scheduled for Friday, February 10, 2017 at 10:00 am. (jy) (Entered: 02/09/2017)
33 TRANSCRIPT for proceedings held on 2/10/17 10:07 a.m. Court Reporter: Carol Jean Zurborg, phone number (213) 894−3539. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/10/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/18/2017. (Zurborg, Carol) (Entered: 02/17/2017)
34 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/10/17 10:07 a.m. re Transcript 33 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Zurborg, Carol) TEXT ONLY ENTRY (Entered: 02/17/2017)
35 STATUS REPORT filed by Petitioners Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Fatema Farmad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed. (Bibring, Peter) (Entered: 02/17/2017)
36 STIPULATION to Dismiss Case pursuant to F.R.C.P. 41(a)(1)(A)(i) filed by Plaintiffs Gishh Alsaeedi, American Immigration Lawyers Association, Asian Americans Advancing Justice − LA, Khanon Mahindokht Azad, Iranian American Bar Association, Marzieh Moosavizadeh Yazdi, National Lawyers Guild−LA, Public Counsel, Mustafa Abdul Wahed.(Bibring, Peter) (Entered: 02/17/2017)