Motaghedi v. Blinken

CourtDistrict Court, E.D. California
DecidedJanuary 14, 2020
Docket1:19-cv-01466
StatusUnknown

This text of Motaghedi v. Blinken (Motaghedi v. Blinken) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Motaghedi v. Blinken, (E.D. Cal. 2020).

Opinion

2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA

4 SEYED AMIN SAM MOTAGHEDI, et al., 1:19-cv-01466-LJO-SKO 5 Plaintiffs, 6 v. ORDER DENYING MOTION FOR 7 PRELIMINARY INJUNCTION MICHAEL R. POMPEO, et al., 8 (ECF No. 10) Defendants. 9 10 11 I. INTRODUCTION 12 On October 15, 2019, Plaintiffs filed a complaint alleging that Defendants withheld adjudications 13 of case-by-case waivers of Presidential Proclamation 9645, Enhancing Vetting Capabilities and 14 Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety 15 Threats (“PP 9645”). See ECF No. 1 ¶ 1. Plaintiffs raise claims under the Administrative Procedure Act 16 (“APA”), as well as claims for mandamus relief, deprivation of procedural due process, and Equal 17 Protection under the Fifth Amendment. See generally ECF No. 1. 18 On October 25, 2019, Plaintiffs filed a motion for a preliminary injunction. See ECF No. 10. 19 Plaintiffs move this Court to declare Defendants’ usurpation of consular authority unlawful under 20 Section 3(c) of PP 9645. See ECF No. 10 at 2, 14. Plaintiffs additionally request the Court to adjudicate 21 Plaintiffs’ waivers within fifteen days. See id. “All Beneficiary Plaintiffs in this action have been found 22 eligible for a waiver to PP 9645 by a consular officer between 11 and 23 months ago, and as of 23 // 24 // 25 // 2 opposition on November 13, 2019. See ECF No. 19. Plaintiffs filed a reply on November 20, 2019. See

3 ECF No. 24. On December 16, 2019, Defendants filed a motion to dismiss, which is not yet ripe for the

4 Court’s review. See ECF No. 29. On January 3, 2020, the parties filed a joint informal discovery dispute

5 letter brief. See ECF No. 36.

6 The Court has reviewed the parties’ filings and has determined the motion for preliminary

7 injunction is suitable for decision based on the papers under Local Rule 230(g). See Goldberg v.

8 Barreca, 720 F. App’x 877, 878 (9th Cir. 2018) (holding district court did not abuse its discretion by

9 failing to hold evidentiary hearing when initially ruling on preliminary injunction motion because it did

10 not need to resolve any factual disputes). For the reasons set forth below, the Court DENIES Plaintiffs’

11 motion for preliminary injunction. The Court reminds the parties that this is a preliminary ruling based

12 on the present law and facts. Additional factual development, changed circumstances, further legal

13 argument at later stages of the case, and the passage of time may affect the Court’s analysis.

14 II. BACKGROUND

15 Plaintiffs are United States citizens and Lawful Permanent Residents (“Petitioner Plaintiffs”) and 16 their Iranian national relatives or fiancées applying for visas (“Beneficiary Plaintiffs”).2 See ECF No. 1.

17 ¶ 3. Plaintiffs allege they have fulfilled all requirements to obtain family-based or fiancé-based visas.

18 See id. ¶ 5. Their visas have been refused pursuant to PP 9645. See id.

19 PP 9645 prohibits the entry of all immigrants and certain categories of non-immigrants for

20 nationals of Iran, Libya, North Korea, Syria, Venezuela, and Yemen, but provides a mechanism by

22 1 As of the date Plaintiffs filed their reply brief. See ECF No. 24.

23 2 Eleven Plaintiffs have been voluntarily dismissed from the lawsuit on December 18, 2019; December 20, 2019; and January

24 1, 2020. See ECF Nos. 28, 30–33. On January 1, 2020, Plaintiffs filed a notice that Plaintiff P.A. died in Tehran, Iran, on 25 December 20, 20 19. See ECF No. 33. The circumstances of P.A’s death are not clear to the Court. 2 that “Iran regularly fails to cooperate with the United States Government in identifying security risks,

3 fails to satisfy at least one key risk criterion, is the source of significant terrorist threats, and fails to

4 receive its nationals subject to final orders of removal from the United States. The Department of State

5 has also designated Iran as a state sponsor of terrorism.” PP 9645 § 2(b)(i).

6 PP 9645 provides that “a consular officer, or the Commissioner, United States Customs and

7 Border Protection (CBP), or the Commissioner’s designee, as appropriate, may, in their discretion, grant

8 waivers on a case-by-case basis to permit the entry of foreign nationals for whom entry is otherwise

9 suspended or limited if such foreign nationals demonstrate that waivers would be appropriate . . . .” PP

10 9645 § 3(c). PP 9645 requires the Secretary of State and the Secretary of Homeland Security to

11 “coordinate to adopt guidance addressing the circumstances in which waivers may be appropriate for

12 foreign nationals seeking entry as immigrants or nonimmigrants.” Id. This guidance includes standards,

13 policies, and procedures for “determining whether the entry of a foreign national would not pose a threat

14 to the national security or public safety of the United States,” “addressing and managing the risks of

15 making such a determination in light of the inadequacies in information sharing, identity management,

16 and other potential dangers posed by the nationals of individual countries subject to” PP 9645, and

17 “assessing whether the United States has access, at the time of the waiver determination, to sufficient

18 information about the foreign national to determine whether entry would satisfy” the national security

19 requirement. Id. §§ 3(c)(ii).

20 PP 9645 further provides that a “waiver may be granted only if a foreign national demonstrates

21 to the consular officer’s or CBP official’s satisfaction that: (A) denying entry would cause the foreign

22 national undue hardship; (B) entry would not pose a threat to the national security or public safety of the

23 United States; and (C) entry would be in the national interest.” PP 9645 § 3(c)(i). If an applicant is

24 determined to be eligible for a visa, then the consular officer automatically considers the applicant for a

25 waiver under PP 9645’s three criteria. See Pls.’ Ex. 63 at 4 (stating each applicant refused a visa under 2 pursuant to the Proclamation under section 212(f) of the [INA] while their application undergoes

3 administrative processing for a determination on the national security and public safety waiver criterion.

4 However, applicants whose visa applications have been refused for administrative processing will

5 receive a further adjudication—either an issuance or another refusal—upon completion of administrative

6 processing.”).

7 State Department Q&As provide that the first waiver criterion is met when an applicant

8 “demonstrates . . . an unusual situation exists that compels ‘immediate’ travel by the applicant . . . .”

9 Pls.’ Ex. 57 at 7; Ex. 60 at 5. The second criterion is met when an applicant “demonstrates . . . that a

10 U.S. person or entity would suffer hardship if the applicant could not travel until after visa restrictions

11 imposed with respect to nationals of that country are lifted,” and the travel would be futile if it did not

12 happen until after the restrictions were lifted. See Pls.’ Ex. 57 at 7–8.

13 Plaintiffs are individuals for whom consular officers have proposed a waiver, or whose eligibility

14 for a waiver is being reviewed. See, e.g., ECF No. 10-1 at 22; ECF No. 19 at 4–5; Pls.’ Exs. 32–44.

15 Plaintiffs contend that a “group within the Department of State, known as the ‘PP 9645 Brain Trust’ has

16 implemented a policy and procedure stripping consular officers of the discretion granted to them by PP

17 9645.” ECF No. 10-1 at 22–23. Under this policy, Plaintiffs allege “consular officers have been forced

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Heckler v. Chaney
470 U.S. 821 (Supreme Court, 1985)
Meghrig v. KFC Western, Inc.
516 U.S. 479 (Supreme Court, 1996)
Bennett v. Spear
520 U.S. 154 (Supreme Court, 1997)
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (Supreme Court, 2004)
Global Horizons, Inc. v. U.S. Department of Labor
510 F.3d 1054 (Ninth Circuit, 2007)
Western Watersheds Project v. Bureau of Land Management
629 F. Supp. 2d 951 (D. Arizona, 2009)
Singh v. Still
470 F. Supp. 2d 1064 (N.D. California, 2006)
State of Hawaii v. Donald Trump
878 F.3d 662 (Ninth Circuit, 2017)
Richard Gebhardt v. Elaine Duke
879 F.3d 980 (Ninth Circuit, 2018)
Trump v. Hawaii
585 U.S. 667 (Supreme Court, 2018)
Honolulu Rapid Transit & Land Co. v. Territory
21 Haw. 136 (Hawaii Supreme Court, 1912)
Islam v. Heinauer
32 F. Supp. 3d 1063 (N.D. California, 2014)
Khan v. Johnson
65 F. Supp. 3d 918 (C.D. California, 2014)
California v. Health & Human Servs.
351 F. Supp. 3d 1267 (N.D. California, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
Motaghedi v. Blinken, Counsel Stack Legal Research, https://law.counselstack.com/opinion/motaghedi-v-blinken-caed-2020.