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

Filing 22

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Law Professors and Clinicians. Date of service: 02/05/2017. [10302885] [17-35105]--[COURT UPDATE: Updated docket text to reflect content of filing, resent notice. 02/06/2017 by LA] (Marouf, Fatma) [Entered: 02/05/2017 09:56 PM]

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No. 17-35105 ___________________________________________ 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 AMICI CURIAE LAW PROFESSORS AND CLINICIANS IN SUPPORT OF PLAINTIFFS-APPELLEES ______________________________________________ Fatma E. Marouf Professor of Law Director, Immigrant Rights Clinic Texas A&M University School of Law Telephone: (817) 212-4123 Facsimile: (817) 212-4124 Email: fatma.marouf@law.tamu.edu Undersigned law professors and law school clinicians respectfully move this Court for permission to file a brief amici curiae opposing the motion to stay the Temporary Restraining Order (TRO) issued by the U.S. District Court for the Western District of Washington. In support of this motion, proposed amici state as follows: 1. All parties have consented to the filing of this amici brief. Under Fed. R. App. P. 29(a)(2), a motion for leave to file an amicus brief is not required when all parties have consent to its filing. However, since that Rule applies to cases being decided on the merits and this case involved an emergency motion to stay a TRO, proposed amici file this motion in an abundance of caution. 2. Proposed amici are law professors and clinicians at institutions of higher education who have personal, professional, and academic connections to students, researchers, faculty, and staff from all over the world. 3. Law professors and clinicians have had first-hand experience with international students and faculty who have sought their direct assistance with immigration issues resulting from the President’s Executive Order 13769 (EO). 4. Law school clinicians, in particular, have worked hard in a climate of sudden chaos and confusion to assist international students and faculty 1 detained at airports and stranded abroad after participating in conferences, giving talks, or engaging in research. 5. We have also helped students and faculty navigate concerns about the impact of the revocation of their visas on their studies and employment, including the risk of being placed in removal proceedings. 6. In addition, we have scrambled to assist numerous noncitizens not affiliated with universities who have similarly been adversely affected by the EO. 7. Proposed amici have first-hand knowledge of the irreparable harm that the EO inflicts on international students and researchers with nonimmigrant visas, which is one of the critical issues before the Court. 8. Many of proposed amici are also immigration scholars and clinicians with deep knowledge of immigration law and have collectively produced extensive scholarship about all aspects of immigration law, including the constitutional and statutory rights of nonimmigrants. They are therefore well-positioned to assess the likelihood of success on the merits, another important issue before the Court. 9. Proposed amici are vitally interested in protecting the rights of their students, colleagues, and clients, whose status in the United States is jeopardized by the EO. 2 For the foregoing reasons, proposed amici respectfully request permission to file the proposed brief amici curiae in support of Plaintiffs-Appellees. DATED: February 5, 2017 Respectfully submitted, /s/ Fatma E. Marouf _____________________ Fatma E. Marouf Professor of Law Director of the Immigrant Rights Clinic Texas A&M University School of Law Telephone: (817) 212-4123 Facsimile: (817) 212-4124 Email: fatma.marouf@law.tamu.edu *All affiliations listed for identification purposes only. Nancy Abramowitz, American University Washington College of Law Kathryn Abrams, Berkeley Law John Acevedo, University of La Verne College of Law Cynthia Adams, Indiana University McKinney School of Law Deborah Ahrens, Seattle University School of Law Raquel Aldana, McGeorge School of Law Arléne Amarante, University of Nevada, Las Vegas School of Law Farrin Anello, Seton Hall University School of Law Deborah Anker, Harvard Immigration and Refugee Clinical Program, Harvard Law School Susan Appleton, Washington University School of Law 3 Sabrineh Ardalan, Harvard Immigration and Refugee Clinical Program Kif Augustine-Adams, J. Reuben Clark Law School, Brigham Young University Sahar Aziz, Texas A&M University School of Law Sabrina Balgamwalla, University of North Dakota School of Law David Baluarte, Washington and Lee University School of Law Caitlin Barry, Villanova University Charles Widger School of Law Marsha Baum, University of New Mexico School of Law Jennifer Baum, St. Vincent de Paul Legal Program, St. John's University School of Law, Child Advocacy Clinic Galya Ben-Arieh Ruffer, Northwestern University, Center for Forced Migration Studies Emily Benfer, Loyola University Chicago School of Law Susan Bennett, American University Washington College of Law Lenni Benson, New York Law School Jacqueline Bhabha, Harvard University W. Warren H. Binford, Willamette University College of Law Kaci Bishop, The University of North Carolina School of Law Blaine Bookey, UC Hastings Center for Gender & Refugee Studies Cynthia Bowman, Cornell Law School Shawn Marie Boyne, Indiana University Robert H. McKinney School of Law 4 Susan Brooks, Drexel University Kline School of Law Melissa Brown, Pacific McGeorge School of Law Margaret Burnham, Northeastern University School of Law Charles Calleros, Arizona State University College of Law Kristina Campbell, Univ. of District of Columbia David A. Clarke School of Law Nancy Cantalupo, Barry University School of Law Lauren Carasik, Western New England University School of Law Elizabeth Carroll, USC Gould School of Law Benjamin Casper Sanchez, University of Minnesota Law School, Center for New Americans Linus Chan, University of Minnesota Law School Kim D. Chanbonpin, The John Marshall Law School Marguerite Chapman, University of Tulsa College of Law (Professor Emerita) Matthew Charity, Western New England University School of Law Carol Chomsky, University of Minnesota Law School Eric Christiansen, Golden Gate University School of Law Janie Chuang, American University Washington College of Law Beth Cohen, Western New England University School of Law Donna Coker, University of Miami School of Law Ruth Colker, Ohio State University Moritz College of Law 5 Holly Cooper, UC Davis School of Law Immigration Law Clinic Avidan Cover, Case Western Reserve University School of Law Rachel Croskery-Roberts, University of California - Irvine School of Law Rose Cuison-Villazor, UC Davis School of Law Alina Das, New York University School of Law Immigrant Rights Clinic Julie Davies, University of the Pacific, McGeorge School of Law Angela Davis, American University Washington College of Law Amy Dillard, University of Baltimore School of Law Victoria Dodd, Suffolk University Law School Jennifer Drobac, Indiana University Robert H. McKinney School of Law Moira Duvernay, UC Hastings Center for Gender & Refugee Studies Maurice Dyson, Thomas Jefferson School of Law Pamela Edwards, CUNY School of Law Nancy Ehrenreich, University of Denver Sturm College of Law Floralynn Einesman, California Western School of Law Kathleen Engel-Rebitzer, Suffolk University Law School Kate Evans, University of Idaho College of Law Jessica Feinberg, Mercer Law School Zanita Fenton, University Miami School of Law Paul Finkelman, University of Pittsburgh School of Law 6 Angelina Fisher, NYU School of Law Barbara Flagg, Washington University Law Laurel Fletcher, Berkeley Law Taylor Flynn, Western New England School of Law Caroline Forell, University of Oregon Law Jacqueline Fox, University of South Carolina School of Law Eric Franklin, William S.Boyd School of Law, UNLV Ann Freedman, Rutgers Law School Niels Frenzen, University of Southern California Gould School of Law Maryellen Fullerton, Brooklyn Law School Paula Galowitz, New York University School of Law Susan Gary, University of Oregon School of Law Lauren Gilbert, St. Thomas University School of Law Jason Gillmer, Gonzaga School of Law Denise Gilman, University of Texas School of Law Immigration Clinic Barbara Glesner Fines, University of Missouri Kansas City School of Law Phyllis Goldfarb, George Washington University Law School Ezra Goldschlager, University of La Verne College of Law Naomi Goodno, Pepperdine University School of Law Joanne Gottesman, Rutgers Law School 7 Tiffany Graham, University of South Dakota School of Law Ariela Gross, University of Southern California, Gould School of Law Aya Gruber, University of Colorado Law School Anju Gupta, Rutgers Law School Immigrant Rights Clinic Egon Guttman, American University, Washington College of Law Gillian Hadfield, University of Southern California, Gould School of Law Rebecca Hamilton, American University, Washington College of Law Gail Hammer, Gonzaga University School of Law, University Legal Assistance Anna Han, Santa Clara Law School Jean Han, American University, Washington College of Law Jacqueline Hand, University of Detroit Mercy Law School Lindsay Harris, University of D.C. - David A. Clarke School of Law Keith M. Harrison, Savannah Law School Danielle Hart, Southwestern Law School Bruce Hay, Harvard Law School Dina Haynes, New England Law|Boston Geoffrey Heeren, Valparaiso University Law School Jennifer Hendricks, University of Colorado Laura A. Hernandez, Baylor Law School Kathy Hessler, Lewis & Clark Law School 8 Richard Hildreth, University of Oregon Law Bill Hing, Univ. of San Francisco Immigration and Deportation Defense Clinic Cynthia Ho, Loyola University of Chicago School of Law Sharona Hoffman, Case Western Reserve University School of Law Brooks Holland, Gonzaga University School of Law Mary Holper, Boston College Immigration Clinic Kari Hong, Boston College Law School, Ninth Circuit Appellate Program C. Quince Hopkins, Florida Coastal School of Law Emily Houh, University of Cincinnati College of Law Alan Hyde, Rutgers Law School Lisa Ikemoto, University of California, Davis School of Law Erin Jacobsen, Vermont Law School Sam Jacobson, Willamette University College of Law Regina Jefferies, University of Minnesota Law School Jamila Jefferson-Jones, University of Missouri - Kansas City Dalie Jimenez, University of Connecticut School of Law Paula Johnson, Syracuse University College of Law José (Beto) Juárez, University of Denver Sturm College of Law Doron Kalir, Civil Litigation Clinic, Cleveland Marshall College of Law Mary Kate Kearney, Widener Commonwealth Law School 9 Christine Kellett, Dickinson Law/Penn State Kathryn Kelly, The Catholic University of America Laura Kessler, University of Utah, S.J. Quinney College of Law Elizabeth Keyes, University of Baltimore School of Law Kathleen Kim, Loyola Law School Catherine Kim, University of North Carolina School of Law Andrew Kim, Syracuse University College of Law Diane Klein, University of La Verne College of Law Eunice Lee, UC Hastings Center for Gender & Refugee Studies Jennifer Lee Koh, Western State College of Law Daniel M. Kowalski, Bender's Immigration Bulletin (LexisNexis) Annie Lai, UC Irvine School of Law Prerna Lal, East Bay Community Law Center, Berkeley Law Laurie Leader Chicago-Kent College of Law, IIT Terri LeClercq, School of Law, Univeristy of Texas Evelyn Lewis, UCD Law Joellen Lind, Valparaiso University Law School Jeffrey Lubbers, American University, Washington College of Law Beth Lyon, Cornell Law School Elizabeth MacDowell, William S.Boyd School of Law, UNLV 10 Luis Mancheno, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law Randi Mandelbaum, Rutgers Law School Susan Mandiberg, Lewis & Clark Law School Genevieve Mann, Gonzaga University School of Law Lynn Marcus, Immigration Law Clinic, University of Arizona James E. Rogers College of Law Jennifer Martin, St. Thomas University School of Law Elena Marty-Nelson, NSU College of Law Julie Marzouk, Chapman University, Fowler School of Law Dayna Matthew, University of Colorado School of Law Elizabeth McCormick, University of Tulsa College of Law Kris McDaniek-Miccio, University of Denver Sturm College of Law Janis McDonald, Professor of Law & Co-Director Cold Case Justice Initiative Amelia McGowan, Catholic Charities of Jackson, Mississippi Brian McGowan, Grambling State University Karla McKanders, University of Tennessee, College of Law Fiona McKenna, Golden Gate University School of Law Michelle McKinley, University of Oregon School of Law Mary Brigid McManamon, Delaware Law School 11 Judith McMorrow, Boston College Law School Stephen Meili, University of Minnesota Law School Chi Mgbako, Fordham University School of Law Binny Miller, American University, Washington College of Law Elliott Milstein, American University Washington College of Law Sherizaan Minwalla, American University, Washington College of Law Behzad Mirhashem, UNH School of Law Jennifer Moore, University of New Mexico School of Law Nancy Morawetz, NYU School of Law Kathleen Morris, Golden Gate Law School Mary-Beth Moylan, University of the Pacific, McGeorge School of Law Professor Ann Murphy, Gonzaga University School of Law Yxta Maya, Murray Loyola Law School Karen Musalo, UC Hastings Center for Gender & Refugee Studies Natalie Nanasi, SMU Dedman School of Law Jason Neidleman, University of La Verne Nise Nekheba, Florida A&M University College Of Law Lori Nessel, Seton Hall University School of Law Xuan-Thao Nguyen, Indiana University McKinney School of Law Fionnuala Ni Aolain, University of Minnesota, Human Rights Center 12 Blake Nordahl, McGeorge Law School Immigration Law Clinic Tracy Norton, Touro College Jacob F. Fuchsberg School of Law Kenneth Nunn, University of Florida College of Law Udoka Nwanna Southwestern Law School Mariela Olivares, Howard University School of Law Michael A. Olivas, University of Houston Law Center Laura Oren, University of Houston Law Center Maria Pabon, Loyola New Orleans College of Law Victoria Palacios, SMU Dedman Law School Sunita Patel, American University Washington College of Law Carole Petersen, William S. Richardson School of Law Huyen Pham, Texas A&M University School of Law Teresa Phelps, American University Washington College of Law Karen Pita Loor, Boston University Law School Nancy Polikoff, American University Washington College of Law Andrew Pollis, Case Western Reserve University School of Law Deborah Post, Touro Law Center Ana Pottratz Acosta, Mitchell Hamline School of Law Cynthia Prado-Guyer, University of Southern California Lynne Rambo Texas A&M University School of Law 13 Jaya Ramji-Nogales, Temple University Beasley School of Law Andrea Ramos Southwestern Law School Immigration Law Clinic Vernellia Randall, The University of Dayton School of Law Renee Redman, University of Connecticut School of LAw Nikki Reisch, NYU School of Law Paula R. Rhodes, University of Denver Sturm College of Law Ira Robbins, American University Washington College of Law Kalyani Robbins, FIU College of Law Jenny Roberts, American University, Washington College of Law Cassandra Burke Robertson, Case Western Reserve Univ. School of Law Eloisa Rodriguez-Dod, FIU College of Law Sarah Rogerson, Albany Law School Michael Rooke-Ley, Nova Southeastern University College of Law Leslie Rose, Golden Gate University School of Law Rand Rosenblatt, Rutgers University Law School Florence Rousman, Indiana U. Robert H. McKinney School of Law Judith Royster, University of Tulsa College of Law Rubén G. Rumbaut, University of California, Irvine Kevin Ruser, University of Nebraska College of Law Margaret Russell, Santa Clara University 14 C. Mario Russell, Catholic Charities NY, St. John's Law School Emily Ryo, USC Gould School of Law Jendayi Saada, Unversity of La Verne College of Law Laura Sager, New York University School of Law Richard Sander, UCLA School of Law Margaret Satterthwaite, NYU School of Law Irene Scharf, Univ of Massachusetts School of Law Erica Schommer, St. Mary's University School of Law Sean Scott, Loyola Law School Kim Thuy Seelinger, Human Rights Center, University of California, Berkeley Rachel Settlage, Wayne State Law School Sudha Setty, Western New England University School of Law Ragini Shah, Suffolk University Rebecca Sharpless, University of Miami School of Law Anette Sikka, University of Illinois Springfield Marjorie Silver, Touro Law Center Anita Sinha, American University Washington College of Law Matiangai Sirleaf, University of Pittsburgh Law School Gwynne Skinner, Willamette University College of Law Catherine Smith, University of Denver Sturm College of Law 15 William Snape, American University, Washington college of law Gemma Solimene, Fordham University School of Law Mary Spector, SMU Dedman School of Law Jane Spinak, Columbia Law School Elissa Steglich, University of Texas School of Law, Immigration Clinic Nomi Stolzenberg, University of Southern California Law School Christopher Strawn, Immigration Law Clinic, Univ. of Washington School of Law Jayashri Srikantiah, Stanford Law School Immigrants’ Rights Clinic S.I., Strong University of Missouri Ellen Suni, UMKC School of Law Maureen Sweeney, University of Maryland Carey School of Law Chantal Thomas, Cornell University Law School Claire Thomas, Safe Passage Project Immigration Clinic at New York Law School Michael Tigar, Washington College of Law Karen Tokarz, Washington University Civil Rights & Community Justice Clinic Mary Pat Treuthart, Gonzaga University School of Law Enid Trucios-Haynes, Brandeis School of Law, University of Louisville Tracy Turner, Southwestern Law School Diane Uchimiya, Justice and Immigration Clinic, Univ. of La Verne College of Law 16 Gloria Valencia-Weber, University of New Mexico School of Law Rachel Van Cleave, Golden Gate University School of Law Anthony Varona, American University Washington College of Law Lea B. Vaughn, University of Washington School of Law Kyle Velte, Texas Tech University School of Law Leti Volpp, Berkeley Law Julie Waterstone, Southwestern Law School Susan C. Wawrose, University of Dayton School of Law Jonathan Weinberg, Wayne State University Marley Weiss, University of Maryland Carey School of Law Marley Weiss, University of Maryland Carey School of Law Deborah Weissman, University of North Carolina Anna Welch, University of Maine School of Law Verna Williams, University of Cincinnati College of Law Wendy Williams, Georgetown Law Abby Wood, University of Southern California Gould School of Law Barbara Woodhouse, Emory Law School Karen Woody, Indiana University, Kelley School of Business Marcia Zug, University of South Carolina 17 CERTIFICATE OF SERVICE I hereby certify that on February 5, 2017, I electronically filed the foregoing with the Clerk of the court for the United States Court of Appeals for the Ninth Circuit using the appellate CM/ECF system. I certify that all participants in this case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. DATED: February 5, 2017 Respectfully submitted, /s/ Fatma E. Marouf _____________________ Fatma E. Marouf Professor of Law Director of the Immigrant Rights Clinic Texas A&M University School of Law Telephone: (817) 212-4123 Facsimile: (817) 212-4124 Email: fatma.marouf@law.tamu.edu 18

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