State of Hawaii v. Trump

Filing 343

Declaration re #342 Reply Supplemental Declaration of Neal K. Katyal. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 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’ MOTION TO
ENFORCE OR, IN THE
ALTERNATIVE, TO
MODIFY PRELIMINARY
INJUNCTION; EXHIBITS G,
H, & I IN SUPPORT OF
PLAINTIFFS’ MOTION TO
ENFORCE OR, IN THE
ALTERNATIVE, TO
MODIFY 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’ MOTION TO ENFORCE OR, IN THE ALTERNATIVE,
TO MODIFY 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 Supplemental Declaration is submitted in support of Plaintiffs’
Motion to Enforce or, In the Alternative, to Clarify Preliminary Injunction and
Reply, filed concurrently herewith.
2.

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

Erol Kekic, Executive Director of the Church World Service (“CWS”)
Immigration and Refugee Program, as it was provided to counsel for Plaintiffs by a
third party. CWS is a humanitarian agency comprised of Protestant, Anglican, and
Orthodox member communions.
3.

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

John Feruzi, an approximately 21-year old Congolese refugee who presently lives
in the Dzaleka Refugee Camp in Malawi, as it was provided to counsel for
Plaintiffs by a third party. Mr. Feruzi’s declaration is signed on his behalf by his
attorney, Marissa Ram, who works for the International Refugee Assistance
Project.

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4.

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

Mwenda Watata, the uncle of Mr. Feruzi, who was admitted to the United States as
a refugee on July 4, 2017. The declaration is submitted in the form it was provided
to counsel for Plaintiffs by a third party.
5.

The foregoing declarations were provided to counsel for Plaintiffs

today by third party refugee relief and legal services organizations, which have
worked diligently to obtain truthful and accurate copies of the declarants’ recorded
declaration testimony. These efforts have involved repeated, same-day
communications with Mr. Feruzi in an overseas refugee camp; unfamiliarity of the
declarants with the legal process; and short timing. As a result of these logistical
challenges, the declarations do not reflect the form of witnessed affidavits or
include certifications under penalty of perjury. Counsel for Plaintiffs have
obtained representations from the third party refugee relief and legal services
organizations that the contents of the declarations are truthful, and thus provides
them for the Court’s consideration at this time. Plaintiffs will supplement the
record with additional declaration copies containing attestations under 28 U.S.C. §
1746 as soon as possible.
I declare under penalty of perjury that the foregoing is true and correct.
DATED:

Washington, D.C., July 12, 2017.
/s/ Neal K. Katyal
Neal K. Katyal
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