International Refugee Assistance Project v. Trump

Filing 287

MOTION by Appellees Jane Doe #2, John Does #1 & 3, HIAS, Inc., Paul Harrison, International Refugee Assistance Project, Muhammed Meteab, Middle East Studies Association of North America, Inc. and Ibrahim Ahmed Mohomed to supplement record. Date and method of service: 05/04/2017 ecf. [1000076357] [17-1351] Omar Jadwat

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IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT INTERNATIONAL REFUGEE ASSISTANCE PROJECT, et al., No. 17-1351 Plaintiffs-Appellees, v. DONALD J. TRUMP, et al, PLAINTIFFS-APPELLEES’ MOTION FOR LEAVE SUPPLEMENT THE RECORD TO Defendants-Appellants. Plaintiffs-Appellees move to supplement the record to include a new declaration by Plaintiff John Doe #3. The government has indicated that it consents to this motion. The new declaration states that on May 1, 2017, Doe #3’s wife was granted an immigrant visa, which expires on October 29, 2017. Ex. A. Cf. Reply Br. 6 (arguing that Doe #3 lacked standing because “it is likely [his wife’s] visa was denied”); Appellants’ Br. 20 (same). She plans to travel to the United States soon. Ex. A. Cf. Appellants’ Br. 19-20 (arguing that Doe #3 faces no “imminent risk of delay”) (quotation marks omitted). If the injunctions of Section 2(c) were lifted, Doe #3’s wife, who is Iranian, would immediately be banned from entering the United States. Section 2(c) prohibits the entry of Iranian nationals unless they (1) had a valid visa on January 27, 2017; (2) had a valid visa on March 16, 2017; or (3) have a valid visa and a ban 1 waiver issued under the terms of the Order. See Mar. 6 Order §§ 3(a)(ii)-(iii), 3(c), 14. Visas issued after March 16, 2017 do not allow entry unless the holder also has a ban waiver. Id. § 3(b)(iii) & (c). Doe #3’s wife has not received a waiver under the Order, and there would be no way for a person in her position—who has received a visa but not a waiver—to apply for a waiver, even if the Order were fully operational. See Appellants’ Br. 19 (The “waiver process is integrated into the existing visa-issuance procedure.”); accord Dep’t of State, Cable 23338, §§ 10, 13, Mar. 10, 2017. 1 May 4, 2017 Respectfully submitted, /s/ Omar Jadwat Omar C. Jadwat Lee Gelernt Hina Shamsi Hugh Handeyside Sarah L. Mehta Spencer E. Amdur AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 18th Floor New York, NY 10004 Tel: (212) 549-2600 Fax: (212) 549-2654 ojadwat@aclu.org Justin B. Cox NATIONAL IMMIGRATION LAW CENTER 1989 College Ave. NE Atlanta, GA 30317 Tel: (678) 279-5441 Fax: (213) 639-3911 cox@nilc.org Karen C. Tumlin Nicholas Espíritu Melissa S. Keaney Esther Sung Marielena Hincapié NATIONAL IMMIGRATION LAW CENTER 3435 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Tel: (213) 639-3900 Cecillia D. Wang Cody H. Wofsy AMERICAN CIVIL LIBERTIES UNION 1 Available at http://live.reuters.com/Event/Live_US_Politics/791235253 (last visited May 4, 2017). 2 Fax: (213) 639-3911 tumlin@nilc.org FOUNDATION 39 Drumm Street San Francisco, CA 94111 Tel: (415) 343-0770 Fax: (415) 395-0950 cwang@aclu.org David Cole Daniel Mach Heather L. Weaver AMERICAN CIVIL LIBERTIES UNION FOUNDATION 915 15th Street NW Washington, DC 20005 Tel: (202) 675-2330 Fax: (202) 457-0805 dcole@aclu.org David Rocah Deborah A. Jeon Sonia Kumar Nicholas Taichi Steiner AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF MARYLAND 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 Tel: (410) 889-8555 Fax: (410) 366-7838 rocah@aclu-md.org Counsel for Plaintiffs-Appellees 3 CERTIFICATE OF SERVICE I hereby certify that on May 4, 2017, I electronically filed the foregoing brief with the Clerk of the Court for the United States Court of Appeals for the Fourth Circuit by using the appellate CM/ECF system. Participants in the case are registered CM/ECF users, and service will be accomplished by the appellate CM/ECF system. /s/ Omar C. Jadwat Omar C. Jadwat

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