State of Hawaii v. Trump

Filing 169

MOTION for Leave to File Brief of Amicus Curiae T.A. in Support of Motion for Temporary Restraining Order Regan M. Iwao appearing for Amicus T.A. (Attachments: # 1 Appendix A, # 2 Certificate of Service)(Iwao, Regan)

GOODSILL ANDERSON
QUINN & STIFEL LLP

WILLKIE FARR & GALLAGHER
LLP

REGAN M. IWAO
7446-0
[e-mail]
LYNDA L. ARAKAWA
9543-0
[e-mail]
First Hawaiian Center
999 Bishop Street, Suite 1600
Honolulu, Hawaii 96813
Telephone: [phone]
Facsimile: [phone]

RICHARD D. BERNSTEIN*
[e-mail]
1875 K Street, N.W.
Washington D.C. 20006-1238
Telephone: [phone]
Facsimile: [phone]

Attorneys for Amicus Curiae T.A.
*Pro Hac Vice Application Pending
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
STATE OF HAWAI‘I and ISMAIL
ELSHIKH,
Plaintiffs,
vs.
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.

CV. No. 1:17-cv-00050-DKW-KJM

MOTION FOR LEAVE TO FILE
BRIEF OF AMICUS CURIAE T.A.
IN SUPPORT OF PLAINTIFFS’
MOTION FOR TEMPORARY
RESTRAINING ORDER;
APPENDIX “A”; CERTIFICATE
OF SERVICE

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE T.A. IN
SUPPORT OF PLAINTIFFS’ MOTION FOR TEMPORARY
RESTRAINING ORDER
1.

Amicus T.A.1 respectfully moves for leave to file an amicus

curiae brief in support of Plaintiffs’ Motion for Temporary Restraining Order to
enjoin the enforcement of the March 6, 2017 Executive Order entitled “Protecting
the Nation from Foreign Terrorist Entry into the United States” (the “Amended
Executive Order”).

Plaintiffs have consented to the filing of this brief, while

Defendants take no position. Amicus states as follows:
2.

T.A. is a Muslim and United States citizen who was raised in

Yemen. T.A.’s father and many members of T.A.’s extended family hold Yemeni
passports and reside abroad. They are barred from entering the United States
under the Amended Order.  T.A. has a direct interest in the outcome of this case.
3.

T.A. is concerned about the real-life implications of the

Amended Executive Order. T.A. is fundamentally concerned with the interference
in familial relations that will result from enforcement of the Amended Executive

1

This brief uses initials, rather than T.A.’s full name, to reduce the risk of potential
reprisals to T.A. or his family members. United States v. Doe, 655 F.2d 920, 922
n.1 (9th Cir. 1981) (Even for a party, “[w]here it is necessary, however, to protect a
person from harassment, injury, ridicule or personal embarrassment, courts have
permitted the use of pseudonyms.”).
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Order, as well as its limitations on immigration, non-immigrant travel, and refugee
resettlement.
4.

The proposed amicus brief, attached hereto as Appendix A,

focuses on one issue: the assertion that barring all entry by all persons traveling
based on passports from any of the six countries listed in the Amended Executive
Order is justified by national security. The attached brief shows that this assertion
does not pass even rational basis scrutiny.
5.

Amicus files this motion out of an abundance of caution

because neither the Federal Rules of Civil Procedure nor this Court’s Rules
expressly address the filing of an amicus curiae brief in connection with a motion
for a temporary restraining order. Plaintiffs have consented to this filing, while
Defendants take no position.
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CONCLUSION
Amicus respectfully request that this Court grant leave to file the
amicus curiae brief attached hereto.
Dated: Honolulu, Hawaii, March 13, 2017.
/s/ Regan M. Iwao
REGAN M. IWAO
LYNDA L. ARAKAWA
RICHARD D. BERNSTEIN*
Attorneys for Amicus Curiae
T.A.
*Pro Hac Vice Application Pending

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