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

Filing 29

Filed (ECF) Appellees State of Washington and State of Minnesota Correspondence: Declaration and exhibits in support of response to motion [28]. Date of service: 02/06/2017. [10302893] [17-35105]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 02/06/2017 by SLM] (Purcell, Noah) [Entered: 02/06/2017 12:59 AM]

NO.17-35105
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF WASHINGTON and
STATE OF MINNESOTA,

DECLARATION OF
NOAH G. PURCELL
IN SUPPORT OF RESPONSE TO
EMERGENCY MOTION FOR
STAY PENDING APPEAL

Plaintiffs-Appellees,
v.
DONALD TRUMP, President of the
United States, et al.,
Defendants-Appellants.

Pursuant to 28 U.S.C. § 1746(2), I, Noah G. Purcell, hereby declare as
follows:
1.

I am over the age of eighteen and competent to testify.

2.

I am the Solicitor General for the State of Washington. I make this

declaration as a representative of the State of Washington (“State”) in support
of the Response to Emergency Motion Under Circuit Rule 27-3 for
Administrative Stay and Motion for Stay Pending Appeal.
3.

Attached hereto as Purcell Declaration Exhibit A is a true and correct

copy of a printout dated February 5, 2017, from the U.S. Department of State,

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Bureau of Consular Affairs’ website containing an “Important Announcement”
dated February 4, 2017, titled “Executive Order on Visas.”
4.

Attached hereto as Purcell Declaration Exhibit B is a true and correct

copy of a printout of a news article from the Washington Post dated February
4, 2017, titled “A race to get to the U.S. begins; a wave of travelers arrives in
Boston, with others to follow.”
5.

Attached hereto as Purcell Declaration Exhibit C is a true and correct

copy of a printout of a news article from Reuters dated February 4, 2017, titled
“U.S. moves to resume admitting refugees, including Syrians.”
6.

Attached hereto as Purcell Declaration Exhibit D is a true and correct

copy of a printout of a news article from the New York Times dated February
4, 2017, titled “Appeals Court Rejects Request to Immediately Restore Travel
Ban.”
7.

Attached hereto as Purcell Declaration Exhibit E is a true and correct

copy of a printout dated February 4, 2017, from the U.S. Department of
Homeland Security’s website containing a press release dated February 4,
2017, titled “DHS Statement on Compliance with Recent Court Order.”
8.

Attached hereto as Purcell Declaration Exhibit F is a true and correct

copy of a printout dated February 5, 2017, from the U.S. Customs and Border

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Protection’s website containing a notice last published February 4, 2017, titled
“Protecting the Nation from Foreign Terrorist Entry into the United States.”
9.

Attached hereto as Purcell Declaration Exhibit G is a true and correct

copy of a printout dated February 4, 2017, from the airline Emirates’ website
containing an operational update dated February 4, 2017, titled “Update on US
entry requirements – 4th February 2017.”
10.

Attached hereto as Purcell Declaration Exhibit H is a true and correct

copy of a printout dated February 5, 2017, from Qatar Airways’ website
containing a travel alert dated February 4, 2017, titled “Changes to entry
requirements to the United States.”
11.

Attached hereto as Purcell Declaration Exhibit I is a true and correct

copy of a printout dated February 5, 2017, from Etihad Airways’ website
containing an announcement titled “US travel restrictions.”
12.

Attached hereto as Purcell Declaration Exhibit J is a true and correct

copy of a printout dated February 5, 2017, from Lufthansa’s website containing
current travel information titled “Immigration restrictions for travel to the USA
lifted.”
13.

On February 5, 2017, I contacted trial counsel for Defendants to propose

a briefing schedule for the States’ motion for a preliminary injunction. I

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propose to have briefing completed by February 17, 2017. Attached hereto as
Purcell Declaration Exhibit K is a true and correct copy of my email to trial
counsel for Defendants dated February 5, 2017. I have not received a reply
from Defendants’ counsel.

I declare under penalty of perjury that the foregoing is true and correct.
Executed this 5th day of February 2017.
s/ Noah G. Purcell
NOAH G. PURCELL

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