Int'l Refugee Assistance Project v. Trump

323 F. Supp. 3d 726
CourtDistrict Court, D. Maryland
DecidedApril 24, 2018
DocketCivil Action No. TDC-17-0361; Civil Action No. TDC-17-2921; Civil Action No. TDC-17-2969
StatusPublished
Cited by27 cases

This text of 323 F. Supp. 3d 726 (Int'l Refugee Assistance Project v. Trump) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Int'l Refugee Assistance Project v. Trump, 323 F. Supp. 3d 726 (D. Md. 2018).

Opinion

THEODORE D. CHUANG, United States District Judge

Defendants ("the Government") have filed a Motion to Stay Proceedings Pending Resolution of Preliminary-Injunction Appeals ("Motion to Stay") seeking a stay of Case Nos. TDC-17-2921 and TDC-17-2969 pending the United States Supreme Court's resolution of Trump v. Hawaii , No. 17-965, --- U.S. ----, 138 S.Ct. 923, 199 L.Ed.2d 620 (Jan. 19, 2018). Plaintiffs in those cases, Iranian Alliances Across Borders ("IAAB"), Doe Plaintiffs 1-6, and Iranian Students' Foundation (collectively, "the IAAB Plaintiffs") and Eblal Zakzok, Sumaya Hamadmad, Fahed Muqbil, and Doe Plaintiffs 1-3 (collectively, "the Zakzok Plaintiffs") oppose the Motion and have filed their own Motion for Entry of a Scheduling Order ("Motion for a Scheduling Order"). The Government has not moved to stay Case No. TDC-17-0361, and Plaintiffs in that case, International Refugee *729Assistance Project ("IRAP"), HIAS, Inc., Middle East Studies Association ("MESA"), Arab-American Association of New York ("AAANY"), Yemeni-American Merchants Association ("YAMA"), Doe Plaintiffs 1-5, Muhammed Meteab, Mohamad Mashta, Grannaz Amirjamshidi, Fakhri Ziaolhagh, Shapour Shirani, and Afsaneh Khazaeli (collectively, "the IRAP Plaintiffs") have not joined the Motion for a Scheduling Order. Having reviewed the briefs on the Motions, the Court finds that no hearing is necessary. See D. Md. Local R. 105.6. For the reasons set forth below, the Motion to Stay is GRANTED. The Court also stays consideration of Case No. TDC-17-0361 pending the Supreme Court's resolution of Trump v. Hawaii . The Motion for a Scheduling Order is DENIED WITHOUT PREJUDICE.

BACKGROUND

On September 24, 2017, President Donald J. Trump issued Proclamation No. 9645, " Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats" (the "Proclamation"), 82 Fed. Reg. 45161 (Sept. 27, 2017). The Proclamation was the third iteration of the President's efforts to ban the entry of nationals from certain designated countries into the United States. See Exec. Order 13,769, " Protecting the Nation from Foreign Terrorist Entry into the United States" ("EO-1"), 82 Fed. Reg. 8977 (Jan. 27, 2017) ; Exec. Order 13,780, " Protecting the Nation from Foreign Terrorist Entry into the United States" ("EO-2"), 82 Fed. Reg. 13209 (Mar. 9, 2017). The IRAP Plaintiffs, later joined by the IAAB and Zakzok Plaintiffs, moved for preliminary injunctive relief from the Proclamation. On October 17, 2017, the Court granted a preliminary injunction that barred the enforcement of most provisions in Section 2 of the Proclamation, except with respect to those individuals who lack a bona fide relationship with a person or entity in the United States. Int'l Refugee Assistance Project ("IRAP") v. Trump , 265 F.Supp.3d 570, 633 (D. Md. 2017), aff'd 883 F.3d 233 (4th Cir. 2018).

The Government requested that the Supreme Court stay enforcement of the preliminary injunction, as well as an injunction imposed by the United States District Court for the District of Hawaii in Hawaii v. Trump , 265 F.Supp.3d 1140, 1161 (D. Haw. 2017), aff'd in part, vacated in part, 878 F.3d 662 (9th Cir. 2017). Appl. for Stay, Trump v. Hawaii , No. 17-965, 2017 WL 5632776 (U.S. Nov. 20, 2017). On December 4, 2017, the Supreme Court stayed the injunctions pending disposition of the cases by the United States Courts of Appeals for the Fourth and Ninth Circuits, as well as pending any review of the circuit court rulings by the Supreme Court. Trump v. IRAP , --- U.S. ----, 138 S.Ct. 542, 199 L.Ed.2d 382 (2017) ; Trump v. Hawaii , --- U.S. ----, 138 S.Ct. 542, 199 L.Ed.2d 382 (2017). On December 22, 2017, the Ninth Circuit affirmed the preliminary injunction entered by the District of Hawaii, but stayed its ruling in light of the Supreme Court's December 4, 2017 stay order. Hawaii v. Trump , 878 F.3d 662, 702 (9th Cir. 2017). The Supreme Court granted the Government's petition for a writ of certiorari in that case and will hear oral argument on April 25, 2018. Trump v. Hawaii , --- U.S. ----, 138 S.Ct. 923, 199 L.Ed.2d 620 (2018). In Trump v. Hawaii , the Supreme Court will consider (1) whether the "challenge to the President's suspension of entry of aliens abroad is justiciable"; (2) "[w]hether the Proclamation is a lawful exercise of the President's authority to suspend entry of aliens abroad"; (3) "[w]hether the global injunction is impermissibly overbroad"; and (4) whether the Proclamation violates the Establishment Clause. Id. ; Pet. Writ Cert. at I, *730Trump v. Hawaii , No. 17-965, --- U.S. ----, --- S.Ct. ----, --- L.Ed.2d ----, 2018 WL 333818 (Jan. 5, 2018) ; Br. Opp'n at i, Trump v. Hawaii , No. 17-965, --- U.S. ----, --- S.Ct.

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Bluebook (online)
323 F. Supp. 3d 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/intl-refugee-assistance-project-v-trump-mdd-2018.