Case 2:17-cv-00135-JLR Document 109 Filed 07/19/18 Page 1 of 5

Honorable James L. Robart

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Plaintiffs,

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STATUS REPORT

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v.

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Donald TRUMP, et al.,

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Case No.: 2:17-cv-00135-JLR

Juweiya Abdiaziz ALI, et al.,

Defendants.

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I. INTRODUCTION

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Pursuant to a stipulation of the parties, the Court ordered the parties to file a joint status

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report after resolution of the matter in Trump v. Hawaii’i, 138 S. Ct. 2392 (2018). See Stipulation

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and Order Granting the Stipulated Motion for Extension of Stay of Proceedings, ECF No. 106.

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The Parties hereby submit the following status report. The parties agree that the pending motions

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for class certification and injunctive relief are moot. Plaintiffs advise of their intention to file a

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motion for leave to amend the complaint on behalf of Plaintiff Juweiya Ali and her minor son,
Plaintiff A.F.A., who is still in Somalia, on or before September 23, 2018.

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STATUS REPORT
Case No. 2:17-cv-00135-JLR

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NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

 Case 2:17-cv-00135-JLR Document 109 Filed 07/19/18 Page 2 of 5

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II. RELEVANT PROCEDURAL HISTORY

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Plaintiffs filed this suit on January 30, 2017, challenging Executive Order 13769, and

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shortly thereafter moved for class certification. Compl., ECF No. 1; Mot. for Class Cert., ECF

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No. 3. On March 10, 2017, Plaintiffs amended their complaint to add challenges to Section 1(f),

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2 and 3 of Executive Order 13780. First Amended Compl., ECF No. 52. Plaintiffs filed their

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second motion for class certification on the same day. ECF No. 58; Second Mot. for Class Cert.,.
On March 15, 2017, the U.S. District Court for the District of Hawai‘i issued a temporary

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restraining order (TRO) enjoining enforcement nationwide of Sections 2 and 6 of Executive

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Order 13780. Hawai‘i v. Trump, No. 1:17-cv-00050-DKW-KSC (D. Haw. Mar. 15, 2017), ECF

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No. 219. Two weeks after issuing the TRO, the Hawai‘i Court converted it into a preliminary

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injunction. See Hawai‘i, No. 1:17-cv-00050 (D. Haw. Mar. 29, 2017), ECF No. 270.
On May 22, 2017, pursuant to the parties’ stipulation, this Court entered an order staying

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the proceedings, ECF No. 95, pending resolution of the then pending appeal in Hawai‘i v.

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Trump, No. 17-15589 (9th Cir.). The Court further ordered the parties to file a joint status report

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within 10 days of the Ninth Circuit’s ruling in Hawai‘i so that the Court could evaluate the

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continued appropriateness of a stay at that time.
The Ninth Circuit issued its opinion on June 12, 2017, affirming in part and vacating in

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part the district court’s entry of a preliminary injunction against enforcement of Sections 2 and 6

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of the Executive Order. Hawai‘i v. Trump, 859 F.3d 741 (9th Cir. 2017) (per curiam). The Ninth

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Circuit overturned certain portions of the injunction involving internal-review procedures, but it

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upheld the remainder based on statutory grounds. On May 25, 2017, the Fourth Circuit also
issued a decision in International Refugee Assistance Project v. Trump, 857 F.3d 554 (4th Cir.

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STATUS REPORT
Case No. 2:17-cv-00135-JLR

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NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

 Case 2:17-cv-00135-JLR Document 109 Filed 07/19/18 Page 3 of 5

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2017) (en banc), affirming a preliminary injunction against enforcement of Section 2(c) of the

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Executive Order on Establishment Clause grounds.

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The Defendants petitioned the Supreme Court for a writ of certiorari, and on June 26,

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2017, the Supreme Court granted certiorari, granted the stay application in part, and consolidated

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Trump v. Hawai‘i and Trump v. International Refugee Assistance Project. Nos. 16-1436

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(16A1190), 16-1540 (16A1191), 2017 WL 2722580 (U.S. June 26, 2017). The Supreme Court

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issued its opinion on June 26, 2018 and judgment was reversed and remanded to the lower

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courts. Trump v. Hawaii’i, 138 S. Ct. 2392 (2018).

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III.

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STATUS REPORT

The parties acknowledge that the Supreme Court’s decision in in Hawai‘i moots the

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pending motions for class certification and injunctive relief and has resolved a substantial portion

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of the merits claims currently pending in this lawsuit. However, Plaintiff A.F.A., the eight year-

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old child of Plaintiff Juweiya Ali, remains in Somalia. Plaintiffs Ali and A.F.A. believe they

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have claims that have not been resolved by the Supreme Court’s decision. For that reason,

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Plaintiffs will file a motion for leave to file an amended complaint, along with said amended

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complaint, on or before September 23, 2018.

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STATUS REPORT
Case No. 2:17-cv-00135-JLR

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NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

 Case 2:17-cv-00135-JLR Document 109 Filed 07/19/18 Page 4 of 5

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DATED this 19th day of July, 2018.
s/Matt Adams
Matt Adams, WSBA No. 28287
s/Glenda Aldana
Glenda M. Aldana Madrid, WSBA No. 46987
Maria Lucia Chavez, WSBA No. 43826,
NORTHWEST IMMIGRANT RIGHTS PROJECT
615 2nd Avenue, Suite 400 Seattle, WA 98104
(206) 957-8611
(206) 587-4025 (fax)

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Mary Kenney, pro hac vice
AMERICAN IMMIGRATION COUNCIL
1331 G Street, NW, Suite 200
Washington, D.C. 20005
(202) 507-7512
(202) 742-5619 (fax)
Trina Realmuto, pro hac vice
Kristin Macleod-Ball, pro hac vice
AMERICAN IMMIGRATION COUNCIL
100 Summer Street, 23rf Floor
Boston, MA 02110
(857) 305-3600
(202) 742-5619 (fax)

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Attorneys for Plaintiffs

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CHAD A. READLER
Acting Assistant Attorney General
United States Department of Justice
Civil Division
WILLIAM C. PEACHEY
Director
Office of Immigration Litigation
/s/ Stacey I. Young
STACEY I. YOUNG
Senior Litigation Counsel
United States Department of Justice
Civil Division
STATUS REPORT
Case No. 2:17-cv-00135-JLR

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NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611

 Case 2:17-cv-00135-JLR Document 109 Filed 07/19/18 Page 5 of 5

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Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20005
(202) 305-7171
Stacey.young@usdoj.gov

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Attorneys for Defendants

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STATUS REPORT
Case No. 2:17-cv-00135-JLR

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NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104
206-957-8611