Case 1:17-cv-00480 Document 6 Filed 01/28/17 Page 1 of 5 PageID #: 48 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK HAMEED KHALID DARWEESH and HAIDER SAMEER ABDULKHALEQ ALSHAWI, on behalf of themselves and others similarly situated, Petitioners, Emergency Motion for Stay of Removal Case No. 1:17-cv-00480 v. DONALD TRUMP, President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY (“DHS”); U.S. CUSTOMS AND BORDER PROTECTION (“CBP”); JOHN KELLY, Secretary of DHS; KEVIN K. MCALEENAN, Acting Commissioner of CBP; JAMES T. MADDEN, New York Field Director, CBP, Date: January 28, 2017 Respondents. PETITIONERS’ EMERGENCY MOTION FOR STAY OF REMOVAL Pursuant to Federal Rule of Civil Procedure 7(b)(1) and Local Rule 7.1, Petitioners Hameed Khalid Darweesh, Haider Sameer Abdulkhaleq Alshawi, and class members file this emergency motion respectfully requesting that the Court immediately stay their removal from the United States during the pendency of their habeas petition. In early January 2017, Petitioners were both granted valid entry documents from the federal government to enter the United States. However, on the evening of January 27, 2017, U.S. Customs and Border Protection (“CBP”) blocked both Petitioners from exiting John F. Kennedy International Airport (“JFK Airport”) and detained Petitioners therein solely pursuant to an executive order issued on January 27, 2017 by 1 Case 1:17-cv-00480 Document 6 Filed 01/28/17 Page 2 of 5 PageID #: 49 President Donald J. Trump. Petitioners filed a habeas petition and motion for class certification in the early morning on January 28, 2017, arguing that their continued detention violates their Fifth Amendment procedural and substantive due process rights, is ultra vires under the immigration statutes, and violates the Administrative Procedure Act. Petitioner Darweesh was released from CBP custody subsequent to the filing of the habeas petition in this case, but, on information and belief, CBP continues to hold Petitioner Alshawi and other members of the proposed class, including dozens and dozens other individuals currently detained at JFK Airport. Further, Respondents’ continued detention of members of the proposed class is part of a widespread policy, pattern, and practice applied to many refugees, arriving aliens and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States, but who have been or will be detained at ports of entry and denied entry to the United States on the basis of the January 27 Executive Order. Therefore, on behalf of themselves and all others similarly situated putative class members, Petitioners respectfully move this Court to immediately grant a class-wide stay of removal during the pendency of this habeas petition for the reasons stated in the attached Memorandum of Law. DATED: January 28, 2017 New Haven, Connecticut Respectfully submitted, /s/ Michael J. Wishnie Michael J. Wishnie (MW 1952) Muneer I. Ahmad† Elora Mukherjee (EM 4011) 2 Case 1:17-cv-00480 Document 6 Filed 01/28/17 Page 3 of 5 PageID #: 50 David Chen, Law Student Intern* Jordan Laris Cohen, Law Student Intern* Susanna Evarts, Law Student Intern* Aaron Korthuis, Law Student Intern* Jordan Laris Cohen, Law Student Intern* Zachary-John Manfredi, Law Student Intern* My Khanh Ngo, Law Student Intern* Megha Ram, Law Student Intern* Victoria Roeck, Law Student Intern* Thomas Scott-Railton, Law Student Intern* Emily Villano, Law Student Intern* Elizabeth Willis, Law Student Intern* Jerome N. Frank Legal Services Organization P.O. Box 209090 New Haven, CT 06520-9090 Phone: (203) 432-4800 Fax: (203) 432-1426 michael.wishnie@yale.edu Jennifer Chang Newell† Cody H. Wofsy† AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS’ RIGHTS PROJECT 39 Drumm Street San Francisco, CA 94111 Tel. (415) 343-0770 jnewell@aclu.org cwofsy@aclu.org Omar C. Jadwat** Lee Gelernt (LG-8511) Cecillia D. Wang (CW-8359) AMERICAN CIVIL LIBERTIEs UNION FOUNDATION 125 Broad Street, 18th Floor New York, NY 10004 Tel. (212) 549-2600 ojadwat@aclu.org lgelernt@aclu.org cwang@aclu.org Mark Doss Rebecca Heller Julie Kornfeld Stephen Poellot INTERNATIONAL REFUGEE ASSISTANCE PROJECT URBAN JUSTICE CENTER 40 Rector St, 9th Floor New York, NY 10006 Tel. (646)-602-5600 mdoss@refugeerights.org bheller@refugeerights.org jkornfeld@refugeerights.org spoellot@refugeerights.org 3 Case 1:17-cv-00480 Document 6 Filed 01/28/17 Page 4 of 5 PageID #: 51 Karen C. Tumlin† Nicholas Espíritu† Melissa S. Keaney† Esther Sung† NATIONAL IMMIGRATION LAW CENTER 3435 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Phone: (213) 639-3900 tumlin@nilc.org espiritu@nilc.org keaney@nilc.org sung@nilc.org Justin B. Cox† NATIONAL IMMIGRATION LAW CENTER 1989 College Ave. NE Atlanta, GA 30317 Phone: (678) 404-9119 cox@nilc.org Jonathan Polonsky Kilpatrick Townsend & Stockton LLP 1114 Avenue of the Americas New York, NY 10036-7703 Tel. (212) 775 8703 jpolonsky@kilpatricktownsend.com **Application for admission forthcoming. * Motion for law student appearance forthcoming. † Motion for admission pro hac vice forthcoming. †† For identification purposes only. This motion has been prepared by a clinic operated by Yale Law School, but does not purport to present the school’s institutional views, if any. Counsel for Petitioners 4 Case 1:17-cv-00480 Document 6 Filed 01/28/17 Page 5 of 5 PageID #: 52 CERTIFICATE OF SERVICE I, Michael Wishnie, hereby certify that on January 28, 2017 the foregoing motion for a stay of removal and accompanying documents were filed through the CM/ECF system and will be sent by FedEx to the parties at the addresses below. Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 U.S. Attorney’s Office for the Eastern District of New York Attn: Civil Process Clerk 271 Cadman Plaza East Brooklyn NY 11201 Office of the General Counsel US Department of Homeland Security Washington, D.C. 20528 Secretary of DHS John Kelly US Department of Homeland Security Washington, D.C. 20528 Acting CBP Commissioner Kevin K. McAleenan US Department of Homeland Security Washington, D.C. 20528 James T. Madden, Field Director New York Field Office, US CBP 1 World Trade Center Suite 50.800 New York, NY 10007-0101 President Donald Trump 1600 Pennsylvania Ave NW Washington, DC 20500 s/ Michael Wishinte Michael Wishine, Supervising Attorney Jerome N. Frank Legal Services Organization Yale Law School New Haven, CT 06511 Phone: (203) 436-8971 Fax: (203) 432-1426 5