Intl. Refugee Assistance v. Donald J. Trump

Filing 88

SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) 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. [1000193208]. [17-2231, 17-2232, 17-2233, 17-2240] H. Byron [Entered: 11/15/2017 03:21 PM]

U.S. Department of Justice
Civil Division
145-1-2979

Patricia S. Connor
Clerk of Court
United States Court of Appeals
for the Fourth Circuit
Lewis F. Powell Jr. Courthouse Annex
1100 East Main Street, Suite 501
Richmond, VA 23219-3517

Washington, DC 20530
Tel: [phone]

November 15, 2017

Re: International Refugee Assistance Project v. Trump, No. 17-2231(L)
Dear Ms. Connor:
These consolidated cases are calendared for oral argument before the en
banc Court on December 8, 2017. The district court enjoined the government in
part from enforcing certain provisions of Proclamation 9645, “Enhancing Vetting
Capabilities and Processes for Detecting Attempted Entry Into the United States by
Terrorists or Other Public-Safety Threats,” 82 Fed. Reg. 45,161 (Sept. 27, 2017).
The government’s appeal from that injunction, and motion for a stay and
emergency administrative stay of the district court’s order, are currently pending
before this Court. We are writing to advise the court of recent developments with
respect to the similar stay motion filed in a related case in the Ninth Circuit,
Hawaii v. Trump, No. 17-17168 (9th Cir.).
The district court in Hawaii similarly entered a preliminary injunction
restraining the government from enforcing provisions of the Proclamation. On
November 13, 2017, by the attached order, the Ninth Circuit granted in part and
denied in part the government’s motion for a stay of the preliminary injunction.
The Ninth Circuit held that the preliminary injunction “is stayed except as to
‘foreign nationals who have a credible claim of a bona fide relationship with a
person or entity in the United States.’”
The government respectfully requests that this Court rule expeditiously on
the pending motion for stay pending appeal. In light of the Ninth Circuit’s order,
we intend to seek a stay from the Supreme Court soon.

International Refugee Assistance Project v. Trump, No. 17-2231(L) (4th Cir.)
Page 2

s/ H. Thomas Byron III
H. THOMAS BYRON III
Attorney, Appellate Staff
United States Department of Justice
cc: Counsel of record (by cm/ecf)