Ms. L. v. U.S. Immigration and Customs Enforcement et al

Filing 23

Amicus Curiae Appearance entered by Michael Shipley on behalf of Michael Wishnie, et al., amici curiae. (Attachments: #1 Memo of Points and Authorities Brief of Scholars of Immigration Law and Constitutional Law as Amici Curiae in Support of Ms. L.'s Motion for a Preliminary Injunction, #2 Proof of Service)(Shipley, Michael) (aef).

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Michael J. Shipley (SBN 233674)
[e-mail]
KIRKLAND & ELLIS LLP
333 South Hope Street
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Joseph M. Sanderson (SBN 305256)*
* Petition for Admission to S.D. Cal. Pending
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Amici Curiae Scholars of
Immigration Law and Constitutional Law

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Ms. L.,

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Petitioner-Plaintiff,

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v.

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U.S. Immigration and Customs
Enforcement, et al.
Respondents-Defendants.

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Case No. 18-cv-0428
APPLICATION OF OF SCHOLARS
OF IMMIGRATION LAW AND
CONSTITUTIONAL LAW TO FILE
BRIEF AMICUS CURIAE
Judge: Hon. Dana M. Sabraw
Courtroom: 13A
Hearing Date: TBD
Hearing Time: TBD

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APPLICATION TO FILE BRIEF AMICUS CURIAE

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APPLICATION FOR LEAVE TO FILE BRIEF AMICUS CURIAE

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Applicants, as proposed amici curiae, are scholars of immigration and

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constitutional law who believe it would assist the Court to offer their perspectives on

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important issues of law in the case before the Court. In particular, applicants are:

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Deborah Anker, a Clinical Professor of Law Founder and Director, Harvard

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Immigration and Refugee Clinic at Harvard Law School,1 and the author of the

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treatise Law of Asylum in the United States.

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Erwin Chemerinsky, the Dean and Jesse H. Choper Distinguished Professor of
Law at the University of California, Berkeley, School of Law, the author of leading

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casebooks on Constitutional Law, Federal Jurisdiction, and Criminal Procedure,

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among many other publications, and formerly the Founding Dean of the University of

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California, Irvine, School of Law with a joint appointment in Political Science.

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Lucas Guttentag, the Professor of the Practice of Law at Stanford Law School,

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Robina Foundation Distinguished Senior Fellow at Yale Law School, and a former

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Senior Counselor to the Secretary of Homeland Security.

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Ira Kurzban, the author of Kurzban's Immigration Law Sourcebook, a Partner at

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Kurzban, Kurzban, Weinger, Tetzeli & Pratt, P.A., a former National President and

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General Counsel of the American Immigration Lawyers Association, an Adjunct

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Professor at the University of Miami School of Law, and in 1986 was selected by

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Newsweek as one of 100 “American Heroes” for his work on behalf of immigrants.

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Stephen Legomsky, the Lehmann University Professor Emeritus at the

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Washington University School of Law, the principal author of Immigration and

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Refugee Law and Policy and other books on immigration and administrative law, and

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former Chief Counsel of United States Citizenship and Immigration Services in the

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All amici submit this brief solely in a personal capacity. This brief does not
purport to represent the views (if any) of the universities, firms, and other
organizations with which they are affiliated.

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APPLICATION TO FILE BRIEF BY AMICI CURIAE

18cv0428

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Department of Homeland Security.

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Hiroshi Motomura, the Susan Westerberg Prager Professor of Law at the

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School of Law, University of California, Los Angeles (UCLA). He is the co-author of

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Immigration and Citizenship: Process and Policy (West 8th ed. 2016), and Forced

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Migration: Law and Policy (West 2d ed. 2013), and the author of Americans in

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Waiting (Oxford 2006), and Immigration Outside the Law (Oxford 2014).

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Jayashri Srikantiah, a Professor of Law and Director of the Immigrants' Rights

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Clinic at Stanford Law School, and the author of numerous articles about immigration

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law.

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Leti Volpp, the Robert D. & Leslie Kay Raven Professor of Law in Access to

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Justice and the Director of the Center for Race and Gender at the University of

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California, Berkeley, School of Law, the author of numerous articles about

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immigration and nationality law, and a former Trial Attorney at the U.S. Department

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of Justice.

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Michael Wishnie, the William O. Douglas Clinical Professor of Law and

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Counselor to the Dean at Yale Law School, where he co-teaches the Worker &

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Immigrant Rights Advocacy Clinic, Veterans Legal Services Clinic, and Rule of Law

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Clinic.

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Stephen Yale-Loehr, the Professor of Immigration Law Practice at Cornell Law

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School, co-author of Immigration Law and Procedure, the leading 21-volume treatise

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on U.S. immigration law, as well as many other publications about immigration law.

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He has practiced immigration law for more than thirty years, and is Of Counsel at

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Miller Mayer LLP.

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Applicants teach and conduct research at the preeminent institutions of legal

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education in the country. Between them, they have decades of experience as

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academics, practitioners, and in government. In light of pressing issues of the

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fundamental rights of immigrants presented by Ms. L.’s complaint and motion for

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preliminary injunction, Applicants offer their views in the brief, submitted herewith,
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APPLICATION TO FILE BRIEF BY AMICI CURIAE

18cv0428

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with the intention of assisting the Court to come to a just and correct resolution of the

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issues presented in Ms. L.’s case.

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Although the Federal Rules of Civil Procedure do not addresses the practice, cf.

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Fed. R. App. P. 29, Federal district courts possess the inherent authority to accept

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amicus briefs. Padilla v. Beard, No. 2:14-CV-1118 KJM CKD, 2017 WL 1364666, at

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*5 (E.D. Cal. Apr. 14, 2017). A federal “district court has broad discretion to appoint

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amici curiae.” Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). There are no

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strict prerequisites that must be established prior to qualifying for amicus status; an

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individual seeking to appear as amicus must merely make a showing that his

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participation is useful to or otherwise desirable to the court.” In re Roxford Foods

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Litig., 790 F.Supp. 987, 997 (E.D. Cal. 1991) (quotations omitted). “District courts

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frequently welcome amicus briefs from non-parties concerning legal issues that have

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potential ramifications beyond the parties directly involved or if the amicus has unique

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information or perspective that can help the court beyond the help that the lawyers for

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the parties are able to provide.” N.G.V. Gaming, Ltd. v. Upstream Point Molate,

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L.L.C., 355 F. Supp. 2d 1061, 1067 (N.D. Cal. 2005) (citations and internal quotation

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marks omitted); see also Korolshteyn v. Costco Wholesale Corp., No. 3:15-CV-709-

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CAB-RBB, 2017 WL 3622226, at *1 (S.D. Cal. Aug. 23, 2017) (granting leave to file

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an amicus brief before this court).

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Applicants submit that there is good cause for the Court to accept their brief

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amicus curiae and consider their views on the subject.

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DATED: March 4, 2018

KIRKLAND & ELLIS LLP

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By:

/s/ Michael Shipley
Michael Shipley

Attorneys for Amici Curiae Scholars of
Immigration Law and Constitutional Law

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APPLICATION TO FILE BRIEF BY AMICI CURIAE

18cv0428