State of Washington, et al v. Donald J. Trump, et al

Filing 132

Filed Amicus Curiae - Pending Daniel O. Escamilla motion to become amicus curiae. Deficiencies: None. Served on 02/08/2017. [10309160] (LA) [Entered: 02/09/2017 02:05 PM]

RECEIVED
MOLLY C. DWYER, CLERK
U.S: COURT OF APPEALS

FEB 092017

No.1 -35105

FILED
DOCKETED

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

STATE OF WASHINGTON, et al.,
Plaintiffs-Appellees
V.

DONALD TRUMP, President of the United States, et al.,
Defendant-Appellants.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON

MOTION FOR LEAVE TO FILE BRIEF OF
AMICUS CURIAE DANIEL O. ESCAMILLA, PRO SE
IN SUPPORT OF DEFENDANT-APPELLANTS

Daniel O. Escamilla
888 W. Santa Ana Blvd., Suite 100
Santa Ana, CA 92701
Telephone: [phone] x80
Facsimile [phone]
Email: [e-mail]
Amicus curiae, in prose

The undersigned natural-born U.S. Citizen and resident of California,
respectfully moves this Court under Fed. R. App. P. 29(a)(2), for leave to file the
attached brief amicus curiae in support ofte_Appeal filed by the Department of
Justice to the Temporary Restraining Order (TRO) issued by the U.S. District
Court for the Western District of Washington, relating to President Trump's
Executive Order: Protecting The Nation From Foreign Terrorist Entry Into The
United States.
STATEMENT OF MOVANT'S INTEREST AND RELEVANCY OF BRIEF
Movant is a native-born U.S. Citizen, son of an immigrant and a graduate of
an ABA-accredited law school.' Movant concluded his legal education by
attending several overseas programs' and has traveled to eighty-five (85) countries
in his lifetime, including several during the past decade in connection with his
employment as a California bail fugitive recovery agent.
Movant is not actively involved in politics but, like many Americans,
believes that national security should be of paramount concern while balancing our
compassion for immigrants, especially refugees, in accordance with our nation's
values and ideals and with absolute deference to the established rule of law.

' Class of 2000, Chapman University, School of Law, re-named in 2013 to The
Dale E. Fowler School of Law.
One of these programs included the Austria Summer Program hosted by the
McGeorge School of Law and taught by Supreme Court Associate Justice Anthony
M. Kennedy.
2

The proposed brief will assist the Court in addressing important and
potentially dispositive issues (beyond the arguments relating to "standing") which
have, for the most part, not been fumy iscussed by the parties' briefs or addressed
during oral argument.
Movant's assistance to the court properly sets forth "ideas, arguments,
theories, insights, facts or data that are not to be found in the parties' briefs." See
Northern Mariana Islands v. United States, 2009 U.S. Dist. LEXIS 125427, 3-4
(D.D.C. Mar. 6, 2009).
CONCLUSION
For the foregoing reasons, proposed amicus respectfully requests leave of
the Court to file the proposed brief amicus curiae in support of DefendantAppellants, Donald J. Trump et al.
DATED: February 8, 2017
Respectfully submitted,

Daniel O. Escamilla
888 W. Santa Ana Blvd., Suite 100
Santa Ana, CA 92701
Telephone: [phone] x80
Facsimile [phone]
Email: [e-mail]
Amicus curiae, in pro se

CERTIFICATE OF COMPLIANCE
Pursuant to Federal Rule of Appellate Procedure 32(a)(7)(C)(i), the
undersigned indiviz ttai appearing pro ~~-- ifs that this motion:
s
(i)

Complies with the typeface requirements of Rule 32(a)(5) and the type

style requirements of Rule 32(a)(6). It has been prepared using Microsoft Office
Professional Plus 2013 and is set in Times New Roman with a font size of 14point,
(ii) Complies with the length requirement of Rule 27(d)(2) because it
contains 822 words.
DATED: February 8, 2017
Respectfully submitted,

Daniel O. Escamilla
888 W. Santa Ana Blvd., Suite 100
Santa Ana, CA 92701
Telephone: [phone] x80
Facsimile [phone]
Email: [e-mail]
Amicus curiae, in pro se

STATEMENT OF COMPLIANCE WITH CIRCUIT RULE 29-3
Movant endeavored to obtain the consent of all parties prior to the filing of
the brief as required under Circuit Rii e23.
Each of the attorneys making an appearance for the Appellant and Appellee
were contacted by e-mail at 7:00am PST on February 8, 2017 requesting their
consent to the filing of an amicus brief by the undersigned. As of 4:00pm on
February 8, 2017 no attorney has responded.
DATED: February 8, 2017
Respectfully submitted,
7
Daniel O. Escamilla
888 W. Santa Ana Blvd., Suite 100
Santa Ana, CA 92701
Telephone: [phone] x80
Facsimile [phone]
Email: [e-mail]
Amicus curiae, in pro se

CERTIFICATE OF SERVICE
I hereby certify that on February 8, 2017, a true and correct copy of the
foregoing: MOTION FOR LEAVE TO FIE BRIEF OF AMICUS CURIAE
DANIEL O. ESCAMILLA, PRO SE IN SUPPORT OF DEFENDANTAPPELLANTS with first class postage prepaid has been deposited in the U.S. Mail
in Santa Ana, California, and properly addressed to the persons whose names and
addresses are listed below.
Noah G. Purcell
Washington Attorney General's Office
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
(Courtesy copy e-mailed to [e-mail])
Noel J. Francisco
Acting Solicitor General, U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
(Courtesy copy e-mailed to Noel [e-mail])
DATED: February 8, 2017

Edward Parker
888 W. Santa Ana Blvd., Suite 100
Santa Ana, CA 92701
Telephone: [phone] x80
Facsimile [phone]