State of Hawaii v. Trump

Filing 304

Declaration re #303 Reply, Supplemental Declaration of Neal K. Katyal. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Certificate of Service)(Katyal, Neal)

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, State of Hawai‘i

NEAL K. KATYAL*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

(See Next Page For Additional Counsel)
IN THE 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.

Civil Action No. 1:17-cv-00050DKW-KSC
SUPPLEMENTAL
DECLARATION OF NEAL K.
KATYAL IN SUPPORT OF
PLAINTIFFS’ EMERGENCY
MOTION TO CLARIFY
SCOPE OF PRELIMINARY
INJUNCTION; EXHIBITS F,
G, H, & I IN SUPPORT OF
PLAINTIFFS’ EMERGENCY
MOTION TO CLARIFY
SCOPE OF PRELIMINARY
INJUNCTION;
CERTIFICATE OF
SERVICE

ADDITIONAL COUNSEL
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff, State of Hawai‘i

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Email:
[e-mail]
THOMAS P. SCHMIDT*
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
Telephone: [phone]
Fax: [phone]
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
1835 Market St., 29th Floor
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

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SUPPLEMENTAL DECLARATION OF NEAL K. KATYAL IN SUPPORT
OF PLAINTIFFS’ EMERGENCY MOTION TO CLARIFY SCOPE OF
PRELIMINARY INJUNCTION
I, NEAL K. KATYAL, hereby state and declare as follows:
1.

I am counsel for Plaintiffs, the State of Hawai‘i and Ismail Elshikh. I

have personal knowledge of and am competent to testify to the truth of the matters
stated herein. This Declaration is submitted in further support of Plaintiffs’
Emergency Motion to Clarify Scope of Preliminary Injunction (the “Motion”),
filed on June 29, 2017, and the concurrently-filed Reply in Support of the Motion.
2.

Attached as Exhibit F is a true and correct copy of the Declaration of

Lawrence E. Bartlett, Director, Office of Admissions, Bureau of Population,
Refugees, and Migration, United States Department of State, publicly filed on
January 1, 2016 in Texas Health & Human Servs. Comm’n v. United States of Am.,
et al., Civ. Action No. 3:15-cv-3851 (DCG) (N.D. Tex.) at ECF No. 46-1.
3.

Attached as Exhibit G is a true and correct copy of the Government’s

Supplemental Memorandum in Support of Application for Stay Pending Appeal
and Pending Disposition of Petition for a Writ of Certiorari, publicly filed on June
15, 2017 in Trump, et al. v. Int’l Refugee Assistance Project, et al., Nos. 16-1436
& 16-1540 (U.S.).
4.

Attached as Exhibit H is a true and correct copy of the Government’s

Reply in Support of Application for Stay Pending Appeal and Pending Disposition

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of Petition for a Writ of Certiorari, publicly filed on June 21, 2017 in Trump, et al.
v. Int’l Refugee Assistance Project, et al., Nos. 16-1436 & 16-1540 (U.S.).
5.

Attached as Exhibit I is a true and correct copy of a Department of

State email sent by Lawrence E. Bartlett to Voluntary Agencies on July 3, 2017,
and provided to counsel for Plaintiffs by a third party (email addresses and
recipient names have been redacted).
I declare under penalty of perjury that the foregoing is true and correct.
DATED:

Washington, D.C., July 5, 2017.
/s/ Neal K. Katyal
Neal K. Katyal

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