State of Hawaii v. Trump

Filing 137

MOTION for Leave to File Amicus Curiae Brief of the Immigration Reform Law Institute in Support of Defendants Denise M. Hevicon appearing for Amicus Immigration Reform Law Institute (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief, # 2 Certificate of Service)(Hevicon, Denise)

DENISE M. HEVICON 7428
841 Bishop Street, Suite 2210
Honolulu, Hawaii 96813
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
CHRISTOPHER J. HAJEC (pro hac vice)
Director of Litigation
IMMIGRATION REFORM LAW INSTITUTE
25 Massachusetts Ave., NW, Suite 335
Washington, DC 20001
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Amicus Curiae
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI’I
STATE OF HAWAI’I and ISMAIL
ELSHIKH,
Plaintiffs,
v.

)
)
)
)
)
)
DONALD J. TRUMP, in his official
)
capacity as President of the United
)
)
States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN F. )
)
KELLY, in his official capacity as
)
Secretary of Homeland Security; U.S
)
DEPARTMENT OF STATE; REX
)
TILLERSON, in his official capacity as )
Secretary of State; and the UNITED
)
)
STATES OF AMERICA, )
)
Defendants.
________________________________ )

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CIVIL NO. 1:17-cv-0050-DKW-KSC
MOTION BY IMMIGRATION
REFORM LAW INSTITUTE FOR
LEAVE TO FILE BRIEF AS
AMICUS CURIAE IN SUPPORT OF
DEFENDANTS; PROPOSED
AMICUS BRIEF; CERTIFICATE
OF SERVICE

Hearing Date/Time:
Date: 3/15/2017
Time: 9:30 am
Judge: Derrick K. Watson

MOTION BY IMMIGRATION REFORM LAW INSTITUTE FOR LEAVE
TO FILE BRIEF AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS
Amicus curiae the Immigration Reform Law Institute (IRLI) is a non-profit
501(c) (3) public interest law firm dedicated to litigating immigration-related cases
on behalf of, and in the interests of, United States citizens and legal permanent
residents, and also to assisting courts in understanding and accurately applying
federal immigration law. IRLI has litigated or filed amicus curiae briefs in a wide
variety of cases, including Wash. All. of Tech. Workers v. U.S. Dep’t of Homeland
Sec., 74 F. Supp. 3d 247 (D.D.C. 2014); Save Jobs USA V. U.S. Dep’t of Homeland
Sec., No. 16-5287 (D.C. Cir. filed Sept. 28, 2016); Keller v. City of Fremont, 719
F.3d 931 (8th Cir. 2013); and Texas v. United States, 787 F.3d 733 (5th Cir. 2015).
IRLI is considered an expert in immigration law by the Board of Immigration
Appeals who has solicited amicus briefs drafted by IRLI staff from its parent
organization the Federation for American Immigration Reform (FAIR) for more
than twenty years. See, e.g., Matter of Silva-Trevino, 26 I. & N. Dec. 99 (B.I.A.
2016); Matter of C-T-L-, 25 I. & N. Dec. 341 (B.I.A. 2010); and In re Q- T- -- MT-, 21 I. & N. Dec. 639 (B.I.A. 1996).
After speaking with the Clerk of the Court, IRLI communicated with
counsel for Plaintiffs and Defendants via email seeking consent of the Parties to
file an Amicus Curiae Brief in the above-captioned case. Neither party objected to

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IRLI’s request and communicated the same. Accordingly, on Friday, March 10,
2017, IRLI filed its Amicus Curiae Brief in support of Defendants (Dkt. No. 80).
After the Brief was filed, several amici filed Motions with this Honorable
Court for Leave to File their respective briefs (Dkt. Nos. 93, 98, 103, 114, 116,
118, 119, 122 and 123). No Federal Rules of Civil Procedure or local rule
addresses this issue. Nonetheless, in an abundance of caution, IRLI is also seeking
leave from the Court. IRLI is filing a Notice of Withdrawal of its brief filed in
Docket No. 80 and instead proposes that the Proposed Amicus Curiae Brief be
considered in its stead should this Court so approve.
This Court has discretion over who may submit briefs in a matter before it.
“An amicus brief should normally be allowed . . . when the amicus has unique
information or perspective that can help the court beyond the help that the lawyers
for the parties are able to provide.” Community Ass’n for the Restoration of the
Env’t v. DeRuyter Bros. Dairy, 54 F. Supp. 2d 974, 975 (E.D. Wash. 1999).
IRLI proposes to submit its amicus curiae brief to assist this Court in
understanding the comprehensive statutory scheme that undergirds the President’s
instant exercise of authority. IRLI has often provided similar assistance in
understanding this same statutory scheme to the Board of Immigration Appeals,
upon request by that body, because of IRLI’s unusual expertise in immigration
law. See, e.g., Matter of Silva-Trevino, 26 I. & N. Dec. 99 (B.I.A. 2016); Matter of

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C-T-L-, 25 I. & N. Dec. 341 (B.I.A. 2010); and In re Q- T- -- M- T-, 21 I. & N.
Dec. 639 (B.I.A. 1996). Accordingly, IRLI is an appropriate amicus curiae in this
matter.
IRLI respectfully requests that this Court grant the instant Motion.
Respectfully submitted.
DATED: Honolulu, Hawaii, March 12, 2017.

\s\ Denise M. Hevicon___________.
DENISE M. HEVICON
\s\ Christopher J. Hajec___________.
CHRISTOPHER J. HAJEC
Attorneys for Amicus Curiae

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