International Refugee Assistance Project et al v. Trump et al

Filing 198

Request for Conference (Jadwat, Omar)

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September 29, 2017 Via ECF The Honorable Theodore D. Chuang United States District Court District of Maryland 6500 Cherrywood Lane Greenbelt, MD 20770 Re: International Refugee Assistance Project, et al. v. Trump, Case No. 8:17-cv-00361-TDC Dear Judge Chuang: We represent the plaintiffs in the above-referenced matter. Pursuant to § II.A of the Case Management Order, Plaintiffs respectfully request a Pre-Motion Conference regarding Plaintiffs’ desire to file both (1) a motion for leave to amend the operative complaint in this case to address President Trump’s recent presidential proclamation, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other PublicSafety Threats” (“EO-3”) (attached) and (2) a motion for a preliminary injunction (or other relief) suspending the implementation of the visa and entry restrictions set forth in the proclamation. President Trump issued EO-3 on September 24, 2017, the day that Section 2(c) of EO-2 (as amended by a June 14, 2017 Presidential Memorandum) expired. EO-3 likewise bans immigrants, and many or all nonimmigrants, from Iran, Libya, Somalia, Syria, and Yemen; it also bans many or all nationals of Chad and North Korea, and certain government officials from Venezuela. By its terms, EO-3 goes into full effect on October 18. See EO-3 § 7(b). Like Section 2(c) before it, the EO-3 ban violates the Immigration and Nationality Act and the Constitution. Leave to amend would further the interests of justice and is warranted under the liberal standard of Rule 15(a)(2). See Fed. R. Civ. P. 15(a)(2) (stating that “[t]he court should freely give leave [to amend] when justice so requires”). Granting leave to amend, moreover, is well within this Court’s jurisdiction, notwithstanding the pendency of the Defendants’ appeal of this Court’s March 16, 2017 preliminary injunction. It is well established that an interlocutory appeal 1 only divests a district court of jurisdiction “over those aspects of the case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982); Ex parte Nat’l Enameling & Stamping Co., 201 U.S. 156 (1906) (“The case, except for the hearing on the appeal from the interlocutory order, is to proceed in the lower court as though no such appeal had been taken, unless otherwise specially ordered.”); Wright & Miller, Fed. Prac. & Proc. § 3921.2 (3d ed. 2015). Plaintiffs therefore respectfully seek leave to amend their First Amended Complaint in order to add claims and allegations addressing EO-3 and to add further plaintiffs who are also directly affected by EO-3. Before filing this request for a Pre-Motion Conference, Plaintiffs’ counsel met and conferred with counsel for Defendants, and can convey the following: Defendants oppose Plaintiffs’ request for a preliminary injunction. Defendants do not oppose the motion for leave to amend the complaint. However, Defendants request that their obligation to file a response to the forthcoming Second Amended Complaint be stayed until the Plaintiffs’ preliminary injunction motion is resolved, and Plaintiffs do not oppose that request. Respectfully submitted, /s/ Omar Jadwat Omar C. Jadwat† Lee Gelernt† Hina Shamsi† Hugh Handeyside† Sarah L. Mehta† American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 Tel: (212) 549-2600 Fax: (212) 549-2654 Karen C. Tumlin† Nicholas Espíritu† Melissa S. Keaney† Esther Sung† National Immigration Law Center 3435 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Tel: (213) 639-3900 Fax: (213) 639-3911 Justin B. Cox (Bar No. 17550) National Immigration Law Center P.O. Box 170208 Atlanta, GA 30317 Tel: (678) 404-9119 Fax: (213) 639-3911 Cecillia D. Wang† Cody H. Wofsy† Spencer E. Amdur† American Civil Liberties Union Foundation 39 Drumm Street San Francisco, CA 94111 David Rocah (Bar No. 27315) Deborah A. Jeon (Bar No. 06905) 2 Sonia Kumar (Bar No. 07196) Nicholas Taichi Steiner (Bar No. 19670) American Civil Liberties Union Foundation of Maryland 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 Tel: (410) 889-8555 Fax: (410) 366-7838 Tel: (415) 343-0770 Fax: (415) 395-0950 David Cole† Daniel Mach† Heather L. Weaver† American Civil Liberties Union Foundation 915 15th Street NW Washington, DC 20005 Tel: (202) 675-2330 Fax: (202) 457-0805 † Appearing pro hac vice 3

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