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)

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DENISE M. HEVICON 7428 841 Bishop Street, Suite 2210 Honolulu, Hawaii 96813 Telephone: (808) 523-5751 Fax: (808) 356-0628 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: (202) 232-5590 Fax: (202) 464-3590 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. ________________________________ ) 1 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 2 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 3 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 4

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