International Refugee Assistance Project et al v. Trump et al

Filing 132

MOTION for Leave to File Brief Amicus Curiae by Immigration Reform Law Institute (Attachments: # 1 Exhibit Memorandum in Support of Motion for Leave to File Amicus Brief, # 2 Exhibit Proposed Amicus Brief In Support of Defendants and In Opposition to Plaintiffs' Motion for a Preliminary Injunction and/or Temporary Restraining Order, # 3 Text of Proposed Order Proposed Order)(Hethmon, Michael)

IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION

INTERNATIONAL REFUGEE
ASSISTANCE PROJECT, et al.,

)
)
)
)
Plaintiffs,
)
Civil Action No.: 8:17-CV-00361-TDC
v.
)
)
DONALD J. TRUMP, et al.,
)
)
)
Defendants.
________________________________ )
MEMORANDUM IN SUPPORT OF MOTION BY THE
IMMIGRATION REFORM LAW INSTITUTE INC. FOR LEAVE TO FILE
AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS AND IN
OPPOSITION TO PLAINTIFFS’ MOTION FOR A PRELIMINARY
INJUNCTION AND/OR TEMPORARY RESTRAINING ORDER
Amicus curiae the Immigration Reform Law Institute (IRLI) is a non-profit
501(c) (3) public interest law firm dedicated to litigating immigration-related cases
on behalf of, and in the interests of, United States citizens and legal permanent
residents, and also to assisting courts in understanding and accurately applying
federal immigration law. IRLI has litigated or filed amicus curiae briefs in a wide
variety of cases, including Wash. All. of Tech. Workers v. U.S. Dep’t of Homeland
Sec., 74 F. Supp. 3d 247 (D.D.C. 2014); Save Jobs USA v. U.S. Dep’t of Homeland
Sec., No. 16-5287 (D.C. Cir. filed Sept. 28, 2016); Keller v. City of Fremont, 719

F.3d 931 (8th Cir. 2013); and Texas v. United States, 787 F.3d 733 (5th Cir. 2015).
IRLI is considered an expert in immigration law by the Board of Immigration
Appeals, which has solicited amicus briefs drafted by IRLI staff for its parent
organization, the Federation for American Immigration Reform (FAIR), for more
than twenty years. See, e.g., Matter of Silva-Trevino, 26 I. & N. Dec. 99 (B.I.A.
2016); Matter of C-T-L-, 25 I. & N. Dec. 341 (B.I.A. 2010); and In re Q- T- -- MT-, 21 I. & N. Dec. 639 (B.I.A. 1996).
This Court has discretion over who may submit briefs in a matter before it.
See Bryant v. Better Bus. Bureau of Greater Md., Inc., 923 F. Supp. 720, 728 (D.
Md. 1996). “The aid of amici curiae has been allowed at the trial level where they
provide helpful analysis of the law . . . [or] have a special interest in the subject
matter of the suit . . . .” Id. (internal citation omitted). “An amicus brief should
normally be allowed . . . when the amicus has unique information or perspective
that can help the court beyond the help that the lawyers for the parties are able to
provide.” Community Ass’n for the Restoration of the Env’t v. DeRuyter Bros.
Dairy, 54 F. Supp. 2d 974, 975 (E.D. Wash. 1999).
IRLI proposes to submit its Amicus Curiae brief to assist this Court in
understanding the comprehensive statutory scheme that undergirds the President’s
instant exercise of authority. IRLI has often provided similar assistance in
understanding this same statutory scheme to the Board of Immigration Appeals,

upon request by that body, because of IRLI’s unusual expertise in immigration
law. See, e.g., Matter of Silva-Trevino, 26 I. & N. Dec. 99 (B.I.A. 2016); Matter of
C-T-L-, 25 I. & N. Dec. 341 (B.I.A. 2010); and In re Q- T- -- M- T-, 21 I. & N.
Dec. 639 (B.I.A. 1996). Accordingly, IRLI is an appropriate amicus curiae in this
matter.
IRLI respectfully requests that this Court grant its Motion and consider the
brief attached as Exhibit 1.
DATED: March 14, 2017.

\s\ Michael M. Hethmon___
MICHAEL M. HETHMON (#15719)
IMMIGRATION REFORM LAW
INSTITUTE
25 Massachusetts Ave., NW, Suite 335
Washington, DC 20001
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorney for Amicus Curiae