Intl. Refugee Assistance v. Donald J. Trump

Filing 39

Letter re: Letter regarding oral argument date by Appellants Daniel R. Coats, Department of State, Elaine C. Duke, Office of the Director of National Intelligence, Rex Tillerson, Donald J. Trump and United States Department of Homeland Security in 17-2231, Appellants Elaine C. Duke, Kevin K. McAleenan, James McCament, Jefferson B. Sessions III, Rex Tillerson and Donald J. Trump in 17-2232, Appellants Elaine C. Duke, Rex Tillerson, Donald J. Trump, United States Department of Homeland Security and United States Department of State in 17-2233, Appellees Daniel R. Coats, Department of State, Elaine C. Duke, Office of the Director of National Intelligence, Rex Tillerson, Donald J. Trump and United States Department of Homeland Security in 17-2240. [1000181801] [17-2231, 17-2232, 17-2233, 17-2240] Sharon Swingle [Entered: 10/27/2017 11:56 AM]

U.S. Department of Justice
Civil Division, Appellate Staff
950 Pennsylvania Ave. NW, Rm. 7250
Washington, DC 20530
DJ # 145-1-2979
Tel: [phone]

October 27, 2017
Ms. Patricia S. Connor
Clerk, United States Court of Appeals
for the Fourth Circuit
Lewis F. Powell Jr. Courthouse & Annex
1100 East Main Street, Suite 501
Richmond, VA 23219
RE:

IRAP v. Trump, Nos. 17-2231, 17-2240
IAAB v. Trump, No. 17-2232
Zakzok v. Trump, No. 17-2233

Dear Ms. Connor:
For the reasons explained below, the Government writes to respectfully
request that this Court consider scheduling oral argument for the above-captioned
consolidated cross-appeals on December 8, 2017, immediately after the currently
scheduled oral argument sitting.
This matter involves a district court’s preliminary injunction barring
enforcement of Section 2 of Presidential Proclamation No. 9645, “Enhancing
Vetting Capabilities and Processes for Detecting Attempted Entry Into the United
States by Terrorist or other Public-Safety Threats,” 82 Fed. Reg. 45,161 (2017). In
a pending motion, the Government has moved to expedite the merits briefing
schedule in this matter, with all briefs filed by November 29, 2017, to allow this
Court to hear argument during its regularly scheduled December 5-7, 2017 oral
argument sitting. See Corrected Motion by Federal Defendants-Appellants to
Expedite Merits Briefing Schedule at 4 (filed Oct. 24, 2017) (Dkt. No. 28).
In Hawaii v. Trump (9th Cir. No. 17-17168), the Government has appealed
another district court’s preliminary injunction that also bars enforcement of Section

2 of the Presidential Proclamation. Yesterday, the United States Court of Appeals
for the Ninth Circuit scheduled oral argument in that case for December 6, 2017 at
2:00 p.m. PST in Seattle, Washington. In light of the Ninth Circuit’s oral
argument schedule, and the potential need for government counsel to travel
between Seattle and Richmond, the Government respectfully requests that this
Court consider holding oral argument in these consolidated cases on December 8,
2017, immediately following the currently scheduled sitting on December 5-7,
2017.

Respectfully,
/s/ Sharon Swingle
Sharon Swingle
Attorney for Appellants-Defendants

cc: All counsel via CM/ECF