State of Hawaii v. Trump

Filing 401

ORDER of USCA as to #391 Notice of Appeal, filed by U.S. Department of State, Elaine Duke, U.S. Department of Homeland Security, Rex Tillerson, United States of America, Donald J. Trump, 9CCA NO. 17-17168: "The Government's motion for an emergency stay of the district court's preliminary injunction pending hearing and resolution of the expedited appeal is granted in part and denied in part. The preliminary injunction is stayed except as to "foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States," as set out below. Trump v. Int'l Refugee Assistance Project ("IRAP"), 137 S. Ct. 2080, 2088 (2017); see also Nken v. Holder, 556 U.S. 418, 434-35 (2009). "The injunction remains in force as to foreign nationals who have a "close familial relationship" with a person in the United States. IRAP, 137 S. Ct. at 2088. Such persons include grandparents, grandchildren, brothers- in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins. See Hawaii v. Trump, 871 F.3d 646, 658 (9th Cir. 2017). "As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading [Proclamation 9645]." IRAP, 137 S. Ct. at 2088." MOTION GRANTED IN PART; DENIED IN PART. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

STATE OF HAWAII; et al.,
Plaintiffs-Appellees,
STATE OF CALIFORNIA; et al.,

No.

NOV 13 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

17-17168

D.C. No.
1:17-cv-00050-DKW-KSC
District of Hawaii,
Honolulu

Intervenors-Pending,
ORDER

v.
DONALD J. TRUMP, in his official
capacity as President of the United States;
et al.,
Defendants-Appellants.

Before: HAWKINS, GOULD, and PAEZ, Circuit Judges.
The Government’s motion for an emergency stay of the district court’s
preliminary injunction pending hearing and resolution of the expedited appeal is
granted in part and denied in part. The preliminary injunction is stayed except as
to “foreign nationals who have a credible claim of a bona fide relationship with a
person or entity in the United States,” as set out below. Trump v. Int’l Refugee
Assistance Project (“IRAP”), 137 S. Ct. 2080, 2088 (2017); see also Nken v.
Holder, 556 U.S. 418, 434-35 (2009).

Case: 17-17168, 11/13/2017, ID: 10650695, DktEntry: 39, Page 1 of 2

The injunction remains in force as to foreign nationals who have a “close
familial relationship” with a person in the United States. IRAP, 137 S. Ct. at 2088.
Such persons include grandparents, grandchildren, brothers-in-law, sisters-in-law,
aunts, uncles, nieces, nephews, and cousins. See Hawaii v. Trump, 871 F.3d 646,
658 (9th Cir. 2017). “As for entities, the relationship must be formal, documented,
and formed in the ordinary course, rather than for the purpose of evading
[Proclamation 9645].” IRAP, 137 S. Ct. at 2088.
MOTION GRANTED IN PART; DENIED IN PART.

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Case: 17-17168, 11/13/2017, ID: 10650695, DktEntry: 39, Page 2 of 2