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

Filing 91

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American Immigration Council, National Immigration Project of the National Lawyers Guild, Northwest Immigrant Rights Project, Human Rights First, KIND (Kids in Need of Defense), and Tahirih Justice Center. Date of service: 02/06/2017. [10304762] [17-35105]--[COURT UPDATE: Attached exhibits (originally submitted in entry [92]), resent notice. 02/07/2017 by LA] (Mincer, Jonathan) [Entered: 02/06/2017 11:59 PM]

Docket 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
Civil Action No. 2:17-cv-00141-JLR
The Honorable James L. Robart
_________________________________________________

MOTION FOR LEAVE TO FILE BRIEF OF
AMERICAN IMMIGRATION COUNCIL, NATIONAL IMMIGRATION
PROJECT OF THE NATIONAL LAWYERS GUILD, NORTHWEST
IMMIGRANT RIGHTS PROJECT, HUMAN RIGHTS FIRST, KIND
(KIDS IN NEED OF DEFENSE), AND THE TAHIRIH JUSTICE
CENTER AS AMICI CURIAE IN SUPPORT OF APPELLEES
________________________________________________

HARRISON (BUZZ) FRAHN
CA BAR NO. 206822
JONATHAN MINCER
CA BAR NO. 298795
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, California 94304
[phone]

Counsel of Record

1

Northwest Immigrant Rights Project, National Immigration Project of
the National Lawyers Guild, American Immigration Council, KIND (Kids in Need
of Defense), Human Rights First, and Tahirih Justice Center (collectively, “Amici”)
respectfully move for leave to file an amicus curiae brief in support of Appellees’
Response to the Government’s Emergency Motion for Stay Pending Appeal.
Counsel for all parties have consented to the filing of an amicus brief; however, out
of an abundance of caution, Amici also file this motion to request the Court’s leave
to file an amicus brief by 11:59 p.m. on February 6, 2007. Amici state as follows:
1.

Amici are organizations that provide, inter alia, legal assistance and

technical support to immigrant communities, advocate in favor of immigrant
rights, educate the public and policymakers about the enduring contributions of
America’s immigrants, and promote justice and equality of treatment in all areas of
immigration law.
2.

Amici are concerned about the real-life implications of the Executive

Order issued on January 27, 2017, entitled “Protecting the Nation from Foreign
Terrorist Entry into the United States” (the “Executive Order”). Amici are
concerned with the interference in familial relations that will result from
enforcement of the Executive Order, as well as limitations on immigrant travel and
economic interests.

2

3.

The proposed amicus brief, attached to this motion, explains why the

Court should not hear this extraordinary appeal of a temporary restraining order,
how the Executive Order will harm amici and the populations they serve, and how
the Executive Order is unlawful.
4.

Although all parties consented to the filing of an amicus brief, amici

file this motion out of an abundance of caution because neither the Federal Rules
of Appellate Procedure nor this Court’s Rules expressly address the filing of an
amicus brief in connection with a motion for a stay.
5.

The Federal Rules of Appellate Procedure and this Court’s Rules

similarly are unclear regarding the deadline for filing an amicus brief in light of the
expedited briefing schedule on the Appellants’ emergency motion. The Court
ordered that Appellees file their opposition by 1:00 a.m. on February 6, 2017, and
Appellants file their reply by 3:00 p.m. on February 6, 2017. Out of an abundance
of caution, amici request leave to file their amicus brief within twenty-three hours
of the filing of Appellants’ reply brief, by 11:59 p.m. on February 6, 2017.
6.

Out of an abundance of caution, amici file this motion to request the

Court’s leave to file a 16-page brief, because the Federal Rules of Appellate
Procedure are unclear as to the permitted length of an amicus brief under these
circumstances, and because amici believe that a 16-page brief is warranted in light
of the importance of the issues presented.

3

CONCLUSION
Amici respectfully request that this Court grant them leave to file the
16-page amicus brief attached hereto.
Respectfully submitted,

/s/ Harrison (Buzz) Frahn
Harrison (Buzz) Frahn
Jonathan Mincer
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, California 94304
[phone]
[phone] (fax)
Counsel for Amici Curiae