Case: 3:17-cv-00112-wmc Document #: 25 Filed: 02/17/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOHN DOE,
Plaintiff,

ORDER

v.
DONALD J. TRUMP, JOHN F. KELLY,
THE DEPARTMENT OF HOMELAND
SECURITY, LORI SCIALABBA, U.S.
CITIZENSHIP AND IMMIGRATION
SERVICES, REX W. TILLERSON, U.S.
DEPARTMENT OF STATE and THE
UNITED STATES OF AMERICA,

17-cv-112-wmc

Defendants.
In response to this court’s order requiring answers to certain questions, defendants
represent that (1) plaintiff’s refugee/asylee relative petitions were not affected by the
Executive Order and are being processed on an expedited basis; and (2) the processing of
refugee/asylee relative petitions more generally resumed when the Washington injunction
was issued, consistent with the USCIS memorandum attached as Exhibit A to the
response. (Defs.’ Resp. (dkt. #23) 5-6.) Moreover, defendants reiterate their position
that the Executive Order has been effectively withdrawn, pending issuance of a revised
order. (Id. at 4.)
In light of these representations, plaintiff withdrew his request for emergency relief
during this afternoon’s status conference.

In addition, the court determined that

plaintiff’s motion for summary judgment is MOOT at this time, or at most currently
without merit based as it is on a single, vague representation to the contrary. (Pl.’s Aff.
(dkt. #11) ¶ 23 (“My understanding is that the application is once again at the Nebraska
office but remains unprocessed.”).)

 Case: 3:17-cv-00112-wmc Document #: 25 Filed: 02/17/17 Page 2 of 2

This ruling is without prejudice to plaintiff renewing the motion. Indeed, plaintiff
may seek discovery confirming defendants’ representations as to the processing of his
petitions or other evidence that his petitions are not being considered in the ordinary
course. Moreover, plaintiff may amend his pleading, renew his request for emergency
relief

and/or

seek

summary

judgment

if

either

discovery

belies

defendants’

representations or a revised Executive Order is implemented that plaintiff maintains
impacts his petitions in violation of his constitutional rights.
A telephonic status conference shall be held in this matter on March 22, 2017, at
3:00 p.m. Plaintiff to initiate call to chambers at 608-264-5087. Defendants need not
respond to the pending, or any amended, complaint until a date to be set at that
conference.
Entered this 17th day of February, 2017.

BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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