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

Filing 53

Filed (ECF) HIAS, INC Motion to become amicus curiae. Date of service: 02/06/2017. [10303671] [17-35105] (Stein, Robert) [Entered: 02/06/2017 12:41 PM]

No. 17-35105
__________________________________________________________________
____________
IN THE 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.,
Defendants-Appellants.
__________________________________________________________________
____________
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON,
THE HONORABLE JAMES L. ROBART PRESIDING,
CASE NO. 2:17-cv-00141-JLR.
__________________________________________________________________
____________
MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE HIAS, INC.
IN SUPPORT OF PLAINTIFFS-APPELLEES
__________________________________________________________________
____________
Steven P. Blonder
Robert J. Stein III
Edward D. Shapiro
DiVincenzo Schoenfield Stein
Joanne A. Sarasin
3 Park Plaza
Much Shelist, PC
Suite 1650
191 North Wacker Dr., Suite 1800
Irvine, CA 92614
Chicago, IL 60606
Tel. [phone]
Tel. [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Amicus Curiae
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MOTION FOR LEAVE TO FILE BRIEF OF
HIAS, INC. AS AMICUS CURIAE IN SUPPORT OF APPELLEES
Pursuant to Rule 29 of the Federal Rules of Appellate Procedure and Circuit
Rule 29-3, amicus curiae, by and through undersigned counsel, respectfully moves
for leave to file an 18-page amicus curiae brief in support of Appellees' Opposition
to Appellants' Emergency Motion for Stay Pending Appeal. Amicus states as
follows:
1.

Amicus HIAS (“Amicus”) is an organization dedicated to rescuing the

most vulnerable refugees, helping them build new lives and reuniting them with their
families in safety and freedom, as well as advocating for the protection of refugees
and assuring that displaced people are treated with dignity and respect. Amicus and
its clients are effected by the Executive Order issued on January 27, 2017, titled
"Protecting the Nation from Foreign Terrorist Entry into the United States" (the
"Order").
2.

The Order represents a significant departure from the principles and

actions of the United States in committing to offering safety and the hope of a new
life to refugees fleeing violence and persecution around the world. The Order also
conflicts with statutory requirements imposed by the Refugee Act of 1980. The
Order inflicts significant harm on refugees and those agencies dedicated to assisting
those refugees.
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3.

The proposed amicus brief, attached to this motion as Exhibit A,

explains how the Order will harm amicus and its clients, and is contrary to law.
4.

Counsel for Appellants and Appellees both have consented to the filing

of an amicus brief.
5.

Out of an abundance of caution, amicus files this motion to request the

Court's leave to file an 18-page brief.
6.

Neither the Federal Rules of Appellate Procedure nor this Court's Rules

clearly authorize the filing of an amicus curiae brief in connection with a motion
for a stay, even when the parties have consented to its filing.
7.

In addition, Fed. R. App. P. 29(a)(5) states that, except with the Court's

permission, an amicus brief may be no more than one-half the maximum length
authorized by these rules for a party's principal brief. Circuit Rule 27-(1)(d) does
not speak in terms of "briefs," instead stating that, except with the Court's
permission, a motion or response to a motion may not exceed 20 pages. Because it
is unclear whether Circuit Rule 27-1 limits amici to 10 pages, and because amicus
believe that an 18-page brief is warranted in light of the importance and novelty of
the issues presented, amicus request the Court's leave to file an 18-page brief.

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CONCLUSION
Amicus respectfully request that the Court grant their motion for leave to file an
18-page amicus curiae brief and accept for filing the amicus curiae brief attached
as Exhibit A.
Respectfully submitted,
Dated:

February 6, 2017

/s/ Robert J. Stein
Robert J. Stein III
DiVincenzo Schoenfield Stein
3 Park Plaza
Suite 1650
Irvine, CA 92614
Tel. [phone]
[e-mail]
and
Steven P. Blonder
Edward D. Shapiro
Joanne A. Sarasin
Much Shelist, PC
191 North Wacker Drive
Suite 1800
Chicago, IL 60606
Tel. [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Amicus Curiae

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CERTIFICATE OF COMPLIANCE
Pursuant to Federal Rule of Appellate Procedure 32(a)(7)(C), the
undersigned counsel certifies that this motion:
(i) complies with the typeface requirements of Rule 32(a)(5) and the type
style requirements of Rule 32(a)(6) because it has been prepared using Microsoft
Office Word 2007 and is set in Times New Roman font in a size equivalent to 14
points or larger and,
(ii) complies with the length requirement of Rule 27(d)(2) because it is less
than 5200 words.
Dated: February 6, 2017

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CERTIFICATE OF SERVICE
I certify that on this 6th day of February 2017, I served the foregoing Motion
for Leave to File Brief of HIAS, Inc. as Amicus Curiae in Support of Appellees via
the Court's ECF system upon all counsel.
Dated: February 6, 2017

/s/ Robert J. Stein

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