State of Hawaii v. Trump

Filing 344

Declaration re #342 Reply Third Declaration of Neal K. Katyal. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #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
THIRD DECLARATION OF
NEAL K. KATYAL IN
SUPPORT OF PLAINTIFFS’
MOTION TO ENFORCE OR,
IN THE ALTERNATIVE, TO
MODIFY PRELIMINARY
INJUNCTION; EXHIBITS J,
K, & L 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

2

THIRD 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 Third Declaration is submitted in support of Plaintiffs’ Motion
to Enforce or, In the Alternative, to Clarify Preliminary Injunction and Reply.
2.

Attached as Exhibit J 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 today. CWS is a humanitarian agency comprised of Protestant,
Anglican, and Orthodox member communions.
3.

Attached as Exhibit K 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 today. Mr. Feruzi’s declaration is signed on his behalf by
his attorney, Marissa Ram, who works for the International Refugee Assistance
Project.
4.

Attached as Exhibit L 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

3

a refugee on July 4, 2017. The declaration is submitted in the form it was provided
to counsel for Plaintiffs by a third party today.
5.

Due to logistical challenges, the foregoing three declarations were

previously filed in a form that did not include certifications under penalty of
perjury. See Dkts. 343-1, 343-2, 343-3. Counsel for Plaintiffs submit the attached
Exhibits J, K, and L in order to supplement the record with updated, substantively
identical copies of the declarations containing attestations from the declarants
under 28 U.S.C. § 1746. Exhibit J otherwise is identical to the previously filed
Declaration of Erol Kekic, Dkt. 343-1. Exhibit K provides updated information
regarding the declarant’s interpreter and the location of execution but otherwise is
substantively identical to the previously filed Declaration of John Feruzi, Dkt. 3432. Exhibit L includes a small number of minor technical clarifications, such as to
explain the circumstances of interpretation and to correct spelling, but otherwise is
substantively identical to the previously filed Declaration of Mwenda Watata, Dkt.
343-3. No material information from the foregoing declarations that was cited in
Plaintiffs’ briefs has changed.
I declare under penalty of perjury that the foregoing is true and correct.
DATED:

Washington, D.C., July 13, 2017.
/s/ Neal K. Katyal
Neal K. Katyal

4