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]

Case: 17-17168, 11/13/2017, ID: 10650695, DktEntry: 39, Page 1 of 2

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

STATE OF HAWAII; et al.,
Plaintiffs-Appellees,
STATE OF CALIFORNIA; et al.,

No.

NOV 13 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

17-17168

D.C. No.
1:17-cv-00050-DKW-KSC
District of Hawaii,
Honolulu

Intervenors-Pending,
v.

ORDER

DONALD J. TRUMP, in his official
capacity as President of the United States;
et al.,
Defendants-Appellants.

Before: HAWKINS, GOULD, and PAEZ, Circuit Judges.
The Government’s motion for an emergency stay of the district court’s
preliminary injunction pending hearing and resolution of the expedited appeal is
granted in part and denied in part. 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,” as set out below. Trump v. Int’l Refugee
Assistance Project (“IRAP”), 137 S. Ct. 2080, 2088 (2017); see also Nken v.
Holder, 556 U.S. 418, 434-35 (2009).

Case: 17-17168, 11/13/2017, ID: 10650695, DktEntry: 39, Page 2 of 2

The injunction remains in force as to foreign nationals who have a “close
familial relationship” with a person in the United States. IRAP, 137 S. Ct. at 2088.
Such persons include grandparents, grandchildren, brothers-in-law, sisters-in-law,
aunts, uncles, nieces, nephews, and cousins. See Hawaii v. Trump, 871 F.3d 646,
658 (9th Cir. 2017). “As for entities, the relationship must be formal, documented,
and formed in the ordinary course, rather than for the purpose of evading
[Proclamation 9645].” IRAP, 137 S. Ct. at 2088.
MOTION GRANTED IN PART; DENIED IN PART.

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