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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF NEW YORK PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
HAMEED KHALID DARWEESH and HAIDER SAMEER ABDULKHALEQ ALSHAWI, on behalf of themselves and others similarly situated,
Petitioners
, 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; and JAMES T. MADDEN, New York Field Director, CBP,
Resondents
.
Case No. _____________________
Date: January 28, 2017
Case 1:17-cv-00480 Document 1 Filed 01/28/17 Page 1 of 20 PageID #: 1
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INTRODUCTION
Petitioners Hameed Khalid Darweesh, an Iraqi husband and father of three, and Haider Sameer Abdulkhaleq Alshawi,
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an Iraqi husband and father, landed at John F. Kennedy International Airport (“JFK Airport”) on the evening of January 27, 2017. Petitioner Darweesh was granted a Special Immigrant Visa (“SIV”) on January 20, 2017 as a result of his service to the United States as an interpreter, engineer and contractor. Petitioner Alshawi was granted a Follow to Join Visa on January 11, 2017 to rejoin his wife and son, who were granted refugee status due to their family’s association with the United States military. After conducting standard procedures of administrative processing and security checks, the federal government has deemed both Petitioners not to pose threats to the United States. Despite these findings and Petitioners’ valid entry documents, U.S. Customs and Border Protection (“CBP”) blocked both Petitioners from exiting JFK Airport and detained Petitioners therein. No magistrate has determined that there is sufficient justification for the continued detention of either Petitioner. Instead, CBP is holding Petitioners at JFK Airport solely pursuant to an executive order issued on January 27, 2017. Because the executive order is unlawful as applied to Petitioners, their continued detention based solely on the executive order violates their Fifth Amendment procedural and substantive due process rights, and is ultra vires the immigration statutes. Further, Petitioners’ continued unlawful detention is part of a widespread pattern applied to many refugees and arriving aliens detained after the issuance of the January 27, 2017 executive order. Therefore, on behalf of themselves and
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There are multiple English spellings of Mr. Alshawi’s name.
Case 1:17-cv-00480 Document 1 Filed 01/28/17 Page 2 of 20 PageID #: 2
3 all others similarly situated, Petitioners respectfully apply to this Court for a writ of habeas corpus to remedy their unlawful detention by Respondents, and for declaratory and injunctive relief to prevent such harms from recurring.
JURISDICTION AND VENUE
1.
Jurisdiction is conferred on this court by 28 U.S.C. §§ 1331, 1361, 2241, 2243, and the Habeas Corpus Suspension Clause of the U.S. Constitution. This court has further remedial authority pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201
et seq
. 2.
Venue properly lies within the Eastern District of New York because a substantial part of the events or omissions giving rise to this action occurred in the District. 28 U.S.C. § 1391(b). 3.
No petition for habeas corpus has previously been filed in any court to review either of Petitioners’ cases.
PARTIES
4.
Hameed Khalid Darweesh, named Petitioner, is a citizen of Iraq and recipient of an Iraqi Special Immigrant Visa (SIV). As an interpreter, electrical engineer and contractor, Mr. Darweesh performed valuable work on behalf of the U.S. government in Iraq from roughly 2003 to 2013. Despite being issued a valid visa on January 20, 2017 to relocate to the United States, Mr. Darweesh is presently detained at JFK Airport. As of the filing of this complaint, the sole basis for Defendants’ continued custody of Mr. Darweesh is the January 27, 2017 executive order issued by President Donald J. Trump.
Case 1:17-cv-00480 Document 1 Filed 01/28/17 Page 3 of 20 PageID #: 3
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