Intl. Refugee Assistance v. Donald J. Trump

Filing 164

COURT ORDER filed [1000242132] granting motion to file addendum/attachment [152]; granting motion for judicial notice and to supplement the record [159]; granting motion for judicial notice and to supplement the record [162]. Copies to all parties. [17-2231, 17-2232, 17-2233, 17-2240] RW [Entered: 02/15/2018 10:27 AM]

FILED: February 15, 2018
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
___________________
No. 17-2231 (L)
(8:17-cv-00361-TDC)
___________________
INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban
Justice Center, Inc., on behalf of itself and its clients; HIAS, INC., on behalf of
itself and its clients; JOHN DOES #1 & 3; JANE DOE #2; MIDDLE EAST
STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and
its members; MUHAMMED METEAB; ARAB AMERICAN ASSOCIATION
OF NEW YORK, on behalf of itself and its clients; YEMENI-AMERICAN
MERCHANTS ASSOCIATION; MOHAMAD MASHTA; GRANNAZ
AMIRJAMSHIDI; FAKHRI ZIAOLHAGH; SHAPOUR SHIRANI; AFSANEH
KHAZAELI; JOHN DOE #4; JOHN DOE #5
Plaintiffs - Appellees
and
ALLAN HAKKY; SAMANEH TAKALOO; PAUL HARRISON; IBRAHIM
AHMED MOHOMED
Plaintiffs
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
DEPARTMENT OF STATE; OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; KIRSTJEN M. NIELSEN, in her official capacity as Secretary
of Homeland Security; REX TILLERSON, in his official capacity as Secretary of

State; DANIEL R. COATS, in his official capacity as Director of National
Intelligence
Defendants - Appellants
-----------------------------THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ARKANSAS; ARIZONA;
FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO; OKLAHOMA;
SOUTH CAROLINA; TEXAS; WEST VIRGINIA
Amici Supporting Appellant
T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN
ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY
CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF
PHILADELPHIA; U. S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND
UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY

HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellee
___________________
No. 17-2232
(8:17-cv-02921-TDC)
___________________
IRANIAN ALLIANCES ACROSS BORDERS; JANE DOE #1; JANE DOE #2;
JANE DOE #3; JANE DOE #4; JANE DOE #5; JOHN DOE #6; IRANIAN
STUDENTS' FOUNDATION, Iranian Alliances Across Borders Affiliate at the
University of Maryland College Park
Plaintiffs - Appellees
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
KIRSTJEN M. NIELSEN, in her official capacity as Secretary of Homeland
Security; KEVIN K. MCALEENAN, in his official capacity as Acting
Commissioner of U.S. Customs and Border Protection; L. FRANCIS CISSNA, in
his official capacity as Director of U.S. Citizenship and Immigration Services;
REX TILLERSON; JEFFERSON B. SESSIONS III, in his official capacity as
Attorney General of the United States
Defendants - Appellants
-----------------------------THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ARKANSAS; ARIZONA;
FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO; OKLAHOMA;
SOUTH CAROLINA; TEXAS; WEST VIRGINIA
Amici Supporting Appellant

T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN
ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY
CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF
PHILADELPHIA; U. S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND
UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY
HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellee
___________________
No. 17-2233
(1:17-cv-02969-TDC)
___________________

EBLAL ZAKZOK; SUMAYA HAMADMAD; FAHED MUQBIL; JOHN DOE
#1; JANE DOE #2; JANE DOE #3
Plaintiffs - Appellees
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY; UNITED
STATES DEPARTMENT OF STATE; KIRSTJEN M. NIELSEN, In her official
capacity as Secretary of Homeland Security; REX TILLERSON, In his official
capacity as Secretary of State
Defendants - Appellants
-----------------------------THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ARKANSAS; ARIZONA;
FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO; OKLAHOMA;
SOUTH CAROLINA; TEXAS; WEST VIRGINIA
Amici Supporting Appellant
T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN
ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY
CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF

PHILADELPHIA; U. S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND
UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY
HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellee
___________________
No. 17-2240
(8:17-cv-00361-TDC)
___________________
INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban
Justice Center, Inc., on behalf of itself and its clients; HIAS, INC., on behalf of
itself and its clients; JOHN DOES #1 & 3; JANE DOE #2; MIDDLE EAST
STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and
its members; MUHAMMED METEAB; ARAB AMERICAN ASSOCIATION
OF NEW YORK, on behalf of itself and its clients; YEMENI-AMERICAN
MERCHANTS ASSOCIATION; MOHAMAD MASHTA; GRANNAZ
AMIRJAMSHIDI; FAKHRI ZIAOLHAGH; SHAPOUR SHIRANI; AFSANEH
KHAZAELI; JOHN DOE #4; JOHN DOE #5
Plaintiffs - Appellants
and
PAUL HARRISON; IBRAHIM AHMED MOHOMED; ALLAN HAKKY;

SAMANEH TAKALOO
Plaintiffs
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
DEPARTMENT OF STATE; OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; KIRSTJEN M. NIELSEN, in her official capacity as Secretary
of Homeland Security; REX TILLERSON, in his official capacity as Secretary of
State; DANIEL R. COATS, in his official capacity as Director of National
Intelligence
Defendants - Appellees
-----------------------------T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN
ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY
CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF
PHILADELPHIA; U.S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND

UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY
HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellants
THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ALABAMA; ARKANSAS;
ARIZONA; FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO;
OKLAHOMA; SOUTH CAROLINA; TEXAS; WEST VIRGINIA;
Amici Supporting Appellee
___________________
ORDER
___________________
Upon consideration of (1) motion for leave of Massachusetts Technology
Leadership Council, Inc., to file an addendum to its amicus brief in support of
plantiffs-appellees’ response brief, (2) plaintiffs-appellees’ motion for judicial
notice and to supplement the record, and (3) IAAB plantiffs-appellees’ unopposed
motion for judicial notice and to supplement the record, the court grants the
motions.
For the En Banc Court
/s/ Patricia S. Connor, Clerk