SO! EO CASES UPDATE TIME!
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The next hearing in the Mass. case is 11a Friday, on whether to extend the 7-day TRO. Gov't response due by noon Thursday (tomorrow).pic.twitter.com/lIJ0QpseeW
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As for the New York case, Darweesh v. Trump (EDNY), Judge Carol Bagley Amon scheduled a status conf to discuss briefing for 2:30p tomorrow.pic.twitter.com/2nn4U97avY
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Not quite clear much will come of that, but it will be Amon's first hearing in the case, so ... who knows?
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The third case w/ a nationwide order is the one out of California in which news broke today, Mohammed v. US (CDCA). https://assets.documentcloud.org/documents/3440731/CD-Cal-Order-1-31-17.pdf …
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I managed to get a copy of the complaint in the CD Cal. case: https://assets.documentcloud.org/documents/3441267/VISA-in-Embassy-Lawsuit.pdf … ... Check out the alleged violations:pic.twitter.com/rjai9emSIF
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And here's the relief requested:pic.twitter.com/BorSY7XwZY
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In the order granting the TRO, Judge Andre Birotte Jr., also set out a further timeline. Next hearing: 10a Feb. 10.pic.twitter.com/dDxRjcI8yn
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Now, the complication in this third case is that the national TRO is only as to those w/ valid immigrant visas. ...
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We now know that, on Jan. 27, the State Dep't "provisionally revoke[d]" all immigrant and nonimmigrant visas from the 7 affected countries.pic.twitter.com/nlDrFRf3zp
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If so, there's no one from those seven countries outside the US any longer with a valid visa. Meaning, the TRO would not cover anyone.*
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* = Other than the specific, named plaintiffs in the case (due to other relief in the TRO).
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SO, moving on to the cases WITHOUT a nationwide order ...
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First up is the case everyone's been asking me about, Aziz v. Trump, the Dulles case.
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Yes, Virginia filed a motion to intervene: https://assets.documentcloud.org/documents/3441312/2017-01-31-Commonwealths-Brief-ISO-Motion-to.pdf … / A hearing was set today for 10a Friday on this motion.
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Yes, Virginia tonight followed that up with a motion to show cause why the feds shouldn't be held in contempt: https://assets.documentcloud.org/documents/3441313/2017-02-01-Virginia-s-Motion-for-a-Rule-to-Show.pdf …
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Breaking: Plaintiffs AND Defendants in Aziz v. Trump have since filed a Joint Request to Hold Claims in Abeyance: https://assets.documentcloud.org/documents/3441311/Aziz-Joint-Motion-Abeyance.pdf …pic.twitter.com/y3pb1aP8QD
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In other words, the gov't got the plaintiffs in this case to agree to work out settling the claims ... likely hoping to avoid VA's entrance.
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No update in the CAIR case, Sarsour v. Walid, also filed in ED Va.
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FINALLY, in Vayeghan v. Kelly, the CA return order case, the new judge on the case issued an order today changing around the timeline.pic.twitter.com/TxShvjPtUG
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~Trying~ to read into the order, it appears he's hoping they resolve the case — i.e., return Vayeghan to the US — before needing to do more.
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THREE MORE: In Ali v. Trump (WDWA) and UNITE Oregon v. Trump (D Ore.), there are no updates.
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REALLY FINALLY, in State of Washington v. Trump, the TRO hearing is set for 2:30p Friday before Judge James Robart.
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WA v. Trump Amended Complaint: https://assets.documentcloud.org/documents/3441355/WA-Ameded-Complaint.pdf … / Amended TRO Motion: https://assets.documentcloud.org/documents/3441354/WA-Ameded-Motion-for-TRO.pdf … / Proposed TRO: https://assets.documentcloud.org/documents/3441353/WA-Proposed-TRO.pdf …
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Since I've been doing these updates,
@joshgerstein has a good update on the named plaintiffs in the new CA case:https://twitter.com/joshgerstein/status/827005517973319681 … -
Timesheet: 9:55p - 11:55p: EO Litigation Updates
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