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

Filing 159

Submitted (ECF) Amicus brief for review and filed Motion to file oversized brief. Submitted by The Foundation for the Children of Iran and Iranian Alliances Across Borders. Date of service: 02/16/2017. [10322616] [17-35105]--[COURT UPDATE: Updated docket text to reflect content of filing. 02/16/2017 by LA] (Martin, Kevin) [Entered: 02/16/2017 12:39 PM]

No. 17-35105
IN THE
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF WASHINGTON; STATE OF MINNESOTA,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, President of the United States; U.S. DEPARTMENT OF
HOMELAND SECURITY; REX W. TILLERSON, Secretary of State; JOHN F.
KELLY, Secretary of the Department of Homeland Security; UNITED STATES
OF AMERICA,
Defendants-Appellees.

On Appeal from the Issuance of a Temporary Restraining Order by the U.S.
District Court for the Western District of Washington, No. 2:17-cv-00141-JLR
MOTION FOR LEAVE TO FILE OVERSIZE BRIEF AS AMICI CURIAE
FOR THE FOUNDATION FOR THE CHILDREN OF IRAN AND IRANIAN
ALLIANCES ACROSS BORDERS

Dated:

February 16, 2017

Kevin P. Martin
Nicholas K. Mitrokostas
William B. Brady
Joshua M. Daniels
Eileen L. Morrison
GOODWIN PROCTER LLP
100 Northern Avenue
Boston, MA 02210
Tel.: [phone]
Fax.: [phone]

Pursuant to Federal Rule of Appellate Procedure 29(a)(5)(d) and Circuit
Rule 29-2, The Foundation for the Children of Iran and Iranian Alliances Across
Borders respectfully seek leave to file the attached oversize brief containing 6,622
words as amici curiae in support of Plaintiffs-Appellees and in Opposition to en
banc Reconsideration. Amici curiae have obtained the consent of the parties to this
action to file a brief.
While Federal Rule of Appellate Procedure (“FRAP”) 29(a)(5)(d) limits the
length of amicus briefs to one-half the maximum length authorized for a party’s
principal brief, Circuit Rule 29-2(c)(2) limits the length of an amicus brief
submitted in this circumstance to 15 pages or 4,200 words. On February 10, 2017,
the Chief Judge of the U.S. Court of Appeals for the Ninth Circuit issued a
Supplemental Briefing Order ordering that the parties’ supplemental briefs shall
consist of no more than 14,000 words, which exceeds the length limitations
prescribed by 9th Circuit Rule 40-1(a). FRAP 29(a)(5)(d) makes clear that length
extensions granted to parties do not adjust the maximum word length for an amicus
curiae brief. However, FRAP 29(a)(5)(d) does permit an enlargement of the word
limits for an amicus brief with the court’s permission. Given the allowable length
of the briefs to be submitted by the parties and the important issues presented in
this case, amici respectfully state that they have addressed the issues in as few
words as possible. The amici present unique perspectives that are important to the

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Court’s consideration. Amici have a strong interest in seeing the district court’s
order upheld. Amici have included in this brief not only legal arguments, but also
personal stories of Iranians concerning the extensive screening procedures to
which they already were subjected before entering the United States, and the harm
that these individuals suffered and will continue to suffer under the Executive
Order if it survives.
CONCLUSION
For these reasons, the Court should grant this Motion, and permit The
Foundation for the Children of Iran and Iranian Alliances Across Borders to file
their concurrently submitted Brief Amici Curiae which contains 6,622 words.

Dated:

February 16, 2017

Respectfully submitted,
s/ Kevin P. Martin
Kevin P. Martin
Nicholas K. Mitrokostas
William B. Brady
Joshua M. Daniels
Eileen L. Morrison
GOODWIN PROCTER LLP
100 Northern Avenue
Boston, MA 02210
Tel.: [phone]
Fax.: [phone]
Counsel for Amici Curiae The Foundation
for the Children of Iran and Iranian
Alliances Across Borders

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CIRCUIT RULE 32-2(A) DECLARATION
Pursuant to Circuit Rule 32-2(a), I Kevin P. Martin, declare:
1. I am a partner with law firm Goodwin Procter LLP and counsel for amici
curiae The Foundation for the Children of Iran and Iranian Alliances Across
Borders (“amici”).
2. I make this declaration in support of the foregoing Motion for Leave to File
Oversize Brief as Amici Curiae for The Foundation for the Children of Iran and
Iranian Alliances Across Borders (the “Motion”).
3. Given the allowable length of the briefs to be submitted by the parties and
the importance and challenges presented in this case, amici respectfully state that
they have addressed the issues in as few words as possible. The amici present
unique perspectives that are important to the Court’s consideration. Amici have a
strong interest in seeing the district court’s order providing preliminary relief
upheld, and are well-positioned to explain why that result is the correct one. To
that end, amici have included in this brief not only legal arguments, but also
personal stories of Iranians concerning the extensive screening procedures to
which they already were subjected before entering the United States, and the harm
that these individuals suffered and will continue to suffer under the Executive
Order if it survives.
I declare under penalty of perjury that the foregoing is true and correct.

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Executed this 16th day of February, 2017 at Boston, Massachusetts.

s/ Kevin P. Martin
Kevin P. Martin

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CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion for Leave to File Oversize Brief as
Amici Curiae for The Foundation for the Children of Iran and Iranian Alliances
Across Borders and was filed with the Clerk of the Court for the United States
Court of Appeals for the Ninth Circuit via the appellate CM/ECF system on
February 16, 2017. All parties in this case or their counsel of record who are
registered CM/ECF users will be served by operation of the ECF system; the
following unregistered participants were served by U.S. Mail:
James J. O’Hagan
2298 Cranberry Road
Grayland, WA 98547
Kim Blandino
c/o 411 N. 16th Street
Las Vegas, NV 89101
Daniel O. Escamilla
Suite 100
888 W. Santa Ana Blvd.
Santa Ana, CA 92701
s/ Kevin P. Martin
Kevin P. Martin
GOODWIN PROCTER LLP
100 Northern Avenue
Boston, MA 02210
Tel.: [phone]
Fax.: [phone]
Dated: February 16, 2017