International Refugee Assistance Project v. Trump

Filing 145

MOTION by Amicus Curiae Ismail Elshikh leave to file Brief Amicus Curiae Supporting Plaintiffs-Appellees. Date and method of service: 04/19/2017 ecf. [1000064600] [17-1351] Neal Katyal

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No. 17-1351 IN THE United States Court of Appeals for the Fourth Circuit _______________ INTERNATIONAL REFUGEE ASSISTANCE PROJECT, et al. Plaintiffs-Appellees, v. DONALD J. TRUMP, et al., Defendants-Appellants. _______________ On Appeal from the United States District Court for the District of Maryland No. 8:17-cv-00361-TDC (Chuang, J.) _______________ UNOPPOSED MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE IN SUPPORT OF APPELLEES AND AFFIRMANCE _______________ NEAL KUMAR KATYAL COLLEEN ROH SINZDAK MITCHELL P. REICH ELIZABETH HAGERTY HOGAN LOVELLS US LLP 555 Thirteenth Street, N.W. Washington, D.C. 20004 (202) 637-6452 SARA SOLOW ALEXANDER B. BOWERMAN HOGAN LOVELLS US LLP 1835 Market Street, 29th Floor Philadelphia, PA 19103 (267) 675-4600 THOMAS P. SCHMIDT HOGAN LOVELLS US LLP 875 Third Avenue New York, NY 10022 (212) 918-3000 Counsel for Amicus Curiae Dated: April 19, 2017 Dr. Ismail Elshikh, by and through his counsel, respectfully moves this Court under Federal Rule of Appellate Procedure 29(a) for leave to file a brief as amicus curiae in support of affirmance of the district court’s decision, and Plaintiffs-Appellees’ position on the merits and in opposition to the Government’s request for a stay. A proposed brief accompanies this motion. 1. Pursuant to Local Rule 27(a), amicus states that counsel for all parties to this appeal have been informed of the intended filing of this motion. Counsel for Plaintiffs-Appellees and counsel for Defendants-Appellants have consented to this motion. 2. Dr. Elshikh is deeply and personally affected by Executive Order 13,780 (the “Executive Order”), and his participation as amicus curiae in this appeal will provide substantial assistance to the Court. Amicus can offer a unique perspective and useful information regarding the devastating impact of the Executive Order on his family, his Mosque, and the broader Muslim community. 3. Dr. Elshikh is an American citizen and a resident of Hawai‘i, where he has lived for over a decade. His five children and his wife, who is of Syrian descent, also are American citizens and residents of Hawai‘i. Dr. Elshikh’s mother-in-law, who is a Syrian national, had an application pending for a U.S. immigrant visa when the Executive Order issued on March 6, 2017. On April 14, 2017 the National Visa Center sent an email conveying that Dr. Elshikh’s mother1 in-law would receive an interview for her visa application on May 24, 2017, in Lebanon. If Section 2(c) of the Executive Order does not remain enjoined, she will have to demonstrate at her interview that she qualifies for a “national interest” waiver in order to enter the country. 4. Dr. Elshikh also serves as Imam of the Muslim Association of Hawai‘i. He has personally experienced the offensive message sent by the Order, and has observed its detrimental effects on his community. The Executive Order sends a message that in the eyes of the federal government, Muslims are dangerous, undesirable members of the political community. 5. Dr. Elshikh’s accompanying proposed brief complies with the type- volume limitation for an amicus curiae brief on the merits under Local Rule 29(a)(5), because it contains less than one-half of the words allotted for the parties’ principal briefs. 6. This motion also is timely. The Court’s Order of March 23, 2017, Dkt. 25, requires that all amicus curiae briefs in support of Plaintiffs-Appellees be filed by April 19, 2017. For the foregoing reasons, the motion should be granted. 2 Respectfully submitted, /s/ Neal Kumar Katyal NEAL K. KATYAL COLLEEN ROH SINZDAK MITCHELL P. REICH ELIZABETH HAGERTY SARA SOLOW ALEXANDER B. BOWERMAN THOMAS P. SCHMIDT HOGAN LOVELLS US LLP Counsel for Amicus Curiae 3 CERTIFICATE OF SERVICE I certify that on April 19, 2017, the foregoing Unopposed Motion for Leave to File Brief Amicus Curiae in Support of Appellees and Affirmance was electronically filed through this Court’s CM/ECF system, which will send a notice of filing to all registered users. /s/ Neal Kumar Katyal Neal Kumar Katyal

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