UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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HAMEED KHALID DARWEESH and
HAIDER SAMEER ABDULKHALEQ
ALSHA WI, 011 beltalf oftltemselves and otlters
similarly situated,
Petitioners,
- against -
DONALD TRUMP, President oft/1e United
States; U.S. DEPARTMENT OF
HOMELAND SECURITY ("OHS"); U.S.
CUSTOMS AND BORDER PROTECTION
("CBP"); JOHN KELLY, Secretary of DHS;
KEVIN K. MCALEENAN,Acting
Commissioner ofCBP; JAMES T.
MADDEN, New York Field Director, CBP,,
Respondents.
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ANN DONNELLY, District Judge.
DECISION AND ORDER
17 Civ. 480 (AMD)
On January 28, 2017, the petitioners filed an Emergency Motion for Stay of Removal on
behalf of themselves and others similarly situated.
IT APPEARING to the Court from the Emergency Motion for Stay of Removal, the
other submissions, the arguments of counsel, and the hearing held on the 28th of January, 201 7,
1. The petitioners have a strong likelihood of success in establishing that the removal of the
petitioner and others similarly situated violates their rights to Due Process and Equal
Protection guaranteed by the United States Constitution;
2. There is imminent danger that, absent the stay of removal, there will be substantial and
irreparable injury to refugees, visa-holders, and other individuals from nations subject to
the January 2 7, 2017 Executive Order;
3. The issuance of the stay of removal will not injure the other parties interested in the
proceeding;
4. It is appropriate and just that, pending completion of a hearing before the Court on the
merits of the Petition, that the Respondents be enjoined and restrained from the
commission of further acts and misconduct in violation of the Constitution as described
in the Emergency Motion for Stay of Removal.
WHEREFORE, IT IS HEREBY ORDERED that the respondents, their officers,
agents, servants, employees, attorneys, and all members and persons acting in concert or
participation with them, from the date of this Order, are
ENJOINED AND RESTRAINED from, in any manner or by any means, removing
individuals with refugee applications approved by U.S. Citizenship and Immigration Services as
part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant
visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally
authorized to enter the United States.
IT IS FURTHER ORDERED that to assure compliance with the Court's order, the
Court directs service of this Order upon the United States Marshal for the Eastern District of
New York, and further directs the United States Marshals Service to take those actions deemed
necessary to enforce the provisions and prohibitions set forth in this Order.
SO ORDERED.
Dated: Brooklyn, New York
January 28, 2017
M. Donnelly
United States District Judge

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