State of Hawaii v. Trump

Filing 355

ORDER of USCA as to #346 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. 17-16426: "The Emergency Motion to Intervene (Dkt. #10) is DENIED." "The United States Committee for Refugees and Immigrants may file a brief as amicus curiae no later than Wednesday, August 9, 2017. If Appellants wish to respond to any argument raised in that brief, they may do so no later than 12:00 p.m. PST on Friday, August 11, 2017." (emt, )CERTIFICATE OF SERVICEParties served by the Ninth Circuit Court of Appeals.

FILED

UNITED STATES COURT OF APPEALS

AUG 3 2017

FOR THE NINTH CIRCUIT

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

STATE OF HAWAII; ISMAIL ELSHIKH,
Plaintiffs-Appellees,
U.S . COMMITTEE FOR REFUGEES AND
IMMIGRANTS,
Intervenor-Pending,

No.

17-16426

D.C.No.
l:l 7-cv-00050-DKW-KSC
District of Hawaii,
Honolulu
ORDER

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,
Defendants-Appellants.
Before: HAWKINS, GOULD, and PAEZ, Circuit Judges.
The Emergency Motion to Intervene (Dkt. # 10) is DENIED. See Bates v.

Jones , 127 F.3d 870, 873 (9th Cir. 1997) ("Intervention at the appellate stage
is .. . unusual and should ordinarily be allowed only for imperative reasons."
(internal quotation marks omitted)); Fed. R. Civ. P. 24(a)(2) (requiring the court to
permit intervention unless "existing parties adequately represent [proposed-

Case: 17-16426, 08/ 03/2017, ID: 10532222, DktEntry: 25, Page 1 of2

intervenors' ] interest"). The United States Committee for Refugees and
Immigrants may file a brief as amicus curiae no later than Wednesday, August 9,
2017. If Appellants wish to respond to any argument raised in that brief, they may
do so no later than 12:00 p.m. PST on Friday, August 11 , 2017.

2
Case: 17-16426, 08/03/2017, ID: 10532222, DktEntry: 25, Page 2 of2