International Refugee Assistance Project et al v. Trump et al

Filing 176

STATUS REPORT by Daniel Coats, Department of Homeland Security, Department of State, John F. Kelly, Office of the Director of National Intelligence, Rex W. Tillerson, Donald J. Trump(Garg, Arjun)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION
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Plaintiffs,
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v.
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DONALD TRUMP, in his official capacity )
as President of the United States, et al.,
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Defendants.
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____________________________________)
INTERNATIONAL REFUGEE
ASSISTANCE PROJECT, et al.,

No. 8:17-cv-00361-TDC

STATUS REPORT
Pursuant to the Court’s request during the March 21, 2017 status conference to be kept
advised of material developments in litigation concerning Executive Order No. 13,780, Defendants
submit this status report to inform the Court that the Fourth Circuit has today set an expedited
schedule for Defendants’ appeal of this Court’s Memorandum Opinion and Order [ECF Nos. 149,
150] preliminarily enjoining enforcement of Section 2(c) of the Executive Order.
Under the Fourth Circuit’s schedule, briefing on Defendants-Appellants’ forthcoming
motion in the Fourth Circuit to stay this Court’s preliminary injunction pending appeal will be
complete by April 5, 2017. See Int’l Refugee Assistance Project, et al. v. Trump, et al., No. 171351 (4th Cir.), ECF No. 25. Briefing on the merits of the appeal of the preliminary injunction
will be complete by April 21, 2017. See id. A Fourth Circuit panel will hear argument on May 8,
2017. See id.
Defendants-Appellants had proposed to the Fourth Circuit a schedule under which briefing
on both the stay motion and the merits would have been completed by April 5, 2017. See Int’l

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Refugee Assistance Project, et al. v. Trump, et al., No. 17-1351 (4th Cir.), ECF No. 14. PlaintiffsAppellees opposed that expedition, seeking a schedule under which briefing on the merits of the
appeal would not have been completed until May 17, 2017. See Int’l Refugee Assistance Project,
et al. v. Trump, et al., No. 17-1351 (4th Cir.), ECF No. 22. In all events, pursuant to the Fourth
Circuit’s schedule, Defendants-Appellants intend to file both their stay motion and opening merits
brief tomorrow, March 24.

Dated: March 23, 2017

Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
ROD J. ROSENSTEIN
United States Attorney
JENNIFER D. RICKETTS
Director, Federal Programs Branch
JOHN R. TYLER
Assistant Director, Federal Programs Branch
/s/ Arjun Garg
ARJUN GARG (Bar No. 806537)
MICHELLE R. BENNETT (Bar No. 806456)
DANIEL SCHWEI (Bar No. 96100)
BRAD P. ROSENBERG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

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CERTIFICATE OF SERVICE
I hereby certify that on March 23, 2017, I electronically filed the foregoing Status Report
using the Court’s CM/ECF system, causing a notice of filing to be served upon all counsel of
record.

/s/ Arjun Garg
ARJUN GARG