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

Filing 65

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by National Immigrant Justice Center and ASISTA. Date of service: 02/06/2017. [10304057] [17-35105] (Roth, Charles) [Entered: 02/06/2017 02:31 PM]

No. 17-35105
___________
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

STATE OF WASHINGTON, ET AL.,
PLAINTIFFS-APPELLEES,
V.
DONALD J. TRUMP, ET AL.,
DEFENDANTS-APPELLANTS.

MOTION FOR LEAVE TO APPEAR AMICI CURIAE
The National Immigrant Justice Center (“NIJC”) and ASISTA ask leave
pursuant to Federal Rule of Appellate Procedure 29 to appear as amici curiae in
the above-captioned matter. The proposed filing of Amici is attached. In support
of its motion, Amici state as follows:
1.

This case is proceeding on an exceptionally expedited basis. The

Court ordered the appellees to file a brief 24 hours after the filing of an emergency
stay motion, and the Defendants to file a reply brief this afternoon.
2.

This case presents a question of first impression in the Courts of

Appeals. The subject matter is important due to the novel and significant legal
issues presented, but also due to the substantial number of families and individuals
impacted by the question.

3.

It is appropriate for an amicus to attempt to ascertain whether

particular arguments are being raised by a party or another amicus before seeking
leave to raise those arguments.
4.

Having reviewed the party and amicus submissions, Amici believe

this case presents important issues which are not adequately addressed by the
briefing now before the Court. Specifically, Amici submits that the Executive
Order being challenged below violates the statute and regulations as to several visa
categories. Amici further submits that the Executive Order is not amenable to
severability analysis, and that illegality in the order should result in it being
enjoined both temporarily and permanently.
5.

The proposed Amici are well-recognized organizations with an

expertise in immigration and asylum matters which would be useful to the Court,
as documented in the amicus brief itself.
6.

Amicus contacted the parties regarding this motion. The Government

did not respond to communications regarding this motion. Petitioner consents to
the motion.

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Date: February 6, 2017

Respectfully submitted,

/s Charles Roth
Charles Roth
National Immigrant Justice Center
208 S. LaSalle Street, Suite 1300
Chicago, IL 60614
[phone]

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PROOF OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for the United States Court of Appeals for the Ninth Circuit by using the
appellate CM/ECF system on February 6, 2017. I certify that all participants in the
case are registered CM/ECF users and that service will be accomplished by the
appellate CM/ECF system.

/s Charles Roth
Charles Roth
National Immigrant Justice Center
208 S. LaSalle Street, Suite 1300
Chicago, IL 60614
[phone]

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