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]

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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. (714) 881-7002 Tel. (312) 521-2000 Counsel for Amicus Curiae 7515993_1 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. 7515993_1 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. 7515993_1 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. (714) 881-7002 and Steven P. Blonder Edward D. Shapiro Joanne A. Sarasin Much Shelist, PC 191 North Wacker Drive Suite 1800 Chicago, IL 60606 Tel. (312) 521-2000 Counsel for Amicus Curiae 7515993_1 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 7515993_1 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 7515993_1

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