State of Hawaii v. Trump

Filing 285

ORDER of USCA as to #271 Notice of Appeal, filed by U.S. Department of State, U.S. Department of Homeland Security, Rex Tillerson, John F. Kelly, United States of America, Donald J. Trump, 9CCA NO. 17-15589: "... initial en banc proceedings are concluded, and all remaining issues will be decided by the three-judge panel." "This case is scheduled for oral argument before the three-judge panel at 9:30 a.m. on Monday, May 15, 2017, in Seattle Washington." (emt, )CERTIFICATE OF SERVICEParties served by the Ninth Circuit Court of Appeals.

FILED
FOR PUBLICATION

APR 21 2017

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK
U.S . COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF HAWAII; ISMAIL
ELSHIKH,
Plaintiffs-Appellees,
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 W.
TILLERSON, in his official capacity as
Secretary of State; UNITED STATES
OF AMERICA,

No.

17-15589

D.C.No.
1:17-cv-00050-DKW-KSC
District of Hawaii,
Honolulu

ORDER

Defendants-Appellants.

THOMAS, Chief Judge and En Banc Coordinator:
The full court was advised of the petition for initial hearing en bane. A
judge requested a vote on whether to hear the matter en bane before the limited en
bane court. Another judge requested a vote on whether to hear the matter en bane
before the full court. The matter failed to receive a majority of the votes of the
nonrecused active judges in favor of initial en bane consideration. Fed. R. App. P.
Case: 17- 15589, 04/21/20 17, ID: 10406467, DktEntry: 184, Page 1 of2

35. Therefore, initial en bane proceedings are concluded, and all remaining issues
will be decided by the three-judge panel. The denial of the request for initial
hearing en bane does not preclude any party from filing a petition for rehearing en
bane pursuant to the applicable rules following issuance of the panel opinion.
This case is scheduled for oral argument before the three-judge panel at 9:30
a.m. on Monday, May 15, 2017, in Seattle Washington.

2
Case: 17-15589, 04/21/20 17, ID: 10406467, DktEntry: 184, Page 2 of2