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.

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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

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