Intl. Refugee Assistance v. Donald J. Trump

Filing 70

MOTION by Immigration Reform Law Institute to file amicus curiae brief (FRAP 29(e)) with consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 11/06/2017 ecf. [1000187638] [17-2231, 17-2232, 17-2233, 17-2240] Christopher Hajec [Entered: 11/06/2017 04:54 PM]

Nos. 17-2231(L), 17-2232, 17-2233, 17-2240 (Consolidated)

IN THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
________________________________
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 AND 3; JANE DOE #2; MIDDLE EAST STUDIES ASSOCIATION OF
NORTH AMERICA, INC., on behalf of itself and its members; MUHAMMED METEAB;
PAUL HARRISON; IBRAHIM AHMED MOHOMED; ARAB AMERICAN ASSOCIATION
OF NEW YORK, on behalf of itself and its clients,
Plaintiffs - Appellees,
and 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; ELAINE C. DUKE; in her
official capacity as Acting 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.
________________________________
[Caption continued on inside cover]
________________________________
MOTION BY THE IMMIGRATION REFORM LAW INSTITUTE
FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN
SUPPORT OF DEFENDANTS-APPELLANTS AND REVERSAL
Christopher J. Hajec
Michael M. Hethmon
Julie B. Axelrod
Elizabeth A. Hohenstein
Mark S. Venezia
IMMIGRATION REFORM LAW INSTITUTE
25 Massachusetts Ave., NW, Suite 335
Washington, DC 20001
Phone: [phone]
[e-mail]
Attorneys for Amicus Curiae

________________________________
No. 17-2231(L)
On Cross-Appeal from the United States District Court for the District of Maryland,
Southern Division
(8:17-cv-00361-TDC)

___________________
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, JANE DOE #6,
Plaintiffs – Appellees,
v.
DONALD J. TRUMP, in his official capacity as President of the United States; ELAINE C.
DUKE, in her official capacity as Acting Secretary of Homeland Security; KEVIN K.
MCALEENAN, in his official capacity as Acting Commissioner of U.S. Customs and Border
Protection; JAMES MCCAMENT, in his official capacity as Acting 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.
________________________________
No. 17-2233
(1:17-cv-02969-TDC)
________________________________
EBLAL ZAKZOK; SUMAYA HAMADMAD; FAHED MUQBIL; JOHN DOE #1; JOHN DOE
#2; JOHN DOE #3,
Plaintiffs – Appellees,

The Immigration Reform Law Institute (IRLI) respectfully requests leave to
file an amicus curiae brief in support of defendants-appellants and reversal of the
decision below. The brief is attached as Exhibit 1 hereto.
Amicus curiae the Immigration Reform Law Institute (IRLI) is a non-profit
501(c)(3) public interest law firm dedicated to litigating immigration-related cases
on behalf of, and in the interests of, United States citizens and lawful permanent
residents, and also to assisting courts in understanding and accurately applying
federal immigration law. IRLI has litigated or filed amicus curiae briefs in a wide
variety of cases, including Wash. All. of Tech. Workers v. U.S. Dep’t of Homeland
Sec., 74 F. Supp. 3d 247 (D.D.C. 2014); Save Jobs USA v. U.S. Dep’t of Homeland
Sec., No. 16-5287 (D.C. Cir. filed Sept. 28, 2016); Keller v. City of Fremont, 719
F.3d 931 (8th Cir. 2013); and Texas v. United States, 787 F.3d 733 (5th Cir. 2015).
IRLI is considered an expert in immigration law by the Board of Immigration
Appeals, which has solicited amicus briefs drafted by IRLI staff from the
organization IRLI supports, the Federation for American Immigration Reform
(FAIR), for more than twenty years. See, e.g., Matter of Silva-Trevino, 26 I. & N.
Dec. 99 (B.I.A. 2016); Matter of C-T-L-, 25 I. & N. Dec. 341 (B.I.A. 2010.
IRLI submits this amicus curiae brief to assist this Court in understanding
that the federal courts lack jurisdiction to hear plaintiffs-appellees’ statutory
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claims, and in drawing out the disastrous legal consequences of the constitutional
holding of the court below. IRLI has often provided assistance in understanding
immigration-related issues to the Board of Immigration Appeals, upon specific
request by that body, because of IRLI’s unusual expertise in immigration law. See,
e.g., Matter of Silva-Trevino, 26 I. & N. Dec. 99 (B.I.A. 2016); Matter of C-T-L-,
25 I. & N. Dec. 341 (B.I.A. 2010); and In re Q- T- -- M- T-, 21 I. & N. Dec. 639
(B.I.A. 1996). Accordingly, IRLI is an appropriate amicus curiae in this matter.
All parties to this litigation have consented to the filing of the attached brief.
DATED: November 6, 2017.
/s/ Christopher J. Hajec
Christopher J. Hajec
Julie B. Axelrod
Michael M. Hethmon
Elizabeth A. Hohenstein
Mark S. Venezia
IMMIGRATION REFORM LAW
INSTITUTE
25 Massachusetts Ave., NW, Suite 335
Washington, DC 20001
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Amicus Curiae

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CERTIFICATE OF SERVICE
I certify that on November 6, 2017, the foregoing motion for leave to file an
amicus curiae brief was served on all parties or their counsel of record through the
CM/ECF system.

/s/ Christopher J. Hajec
Christopher J. Hajec
Attorney for Amicus Curiae