International Refugee Assistance Project et al v. Trump et al

Filing 245

JUDGMENT of USCA affirming the Judgment of the USDC as to 223 Notice of Appeal, filed by Rex W. Tillerson, Department of Homeland Security, Daniel Coats, Department of State, Office of the Director of National Intelligence, John F. Kelly, Donald J. Trump, 229 Notice of Cross Appeal,, filed by John Does 1 & 3, John Doe #4, Fakhri Ziaolhagh, Middle East Studies Association of North America, Inc., Arab American Association of New York, Muhammed Meteab, Grannaz Amirjamshidi, Shapour Shirani, HIAS, Inc., Jane Doe # 2, Afsaneh Khazaeli, Mohamad Mashta, John Doe #5, International Refugee Assistance Project, Yemeni-American Merchants Association. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (Attachments: # 1 Published Opinion, # 2 Notice of Judgment)(krc, Deputy Clerk)

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FILED: February 15, 2018
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
___________________
No. 17-2231 (L)
(8:17-cv-00361-TDC)
___________________
INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban
Justice Center, Inc., on behalf of itself and its clients; HIAS, INC., on behalf of
itself and its clients; JOHN DOES #1 & 3; JANE DOE #2; MIDDLE EAST
STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and
its members; MUHAMMED METEAB; ARAB AMERICAN ASSOCIATION OF
NEW YORK, on behalf of itself and its clients; YEMENI-AMERICAN
MERCHANTS ASSOCIATION; MOHAMAD MASHTA; GRANNAZ
AMIRJAMSHIDI; FAKHRI ZIAOLHAGH; SHAPOUR SHIRANI; AFSANEH
KHAZAELI; JOHN DOE #4; JOHN DOE #5
Plaintiffs - Appellees
and
ALLAN HAKKY; SAMANEH TAKALOO; PAUL HARRISON; IBRAHIM
AHMED MOHOMED
Plaintiffs
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
DEPARTMENT OF STATE; OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; KIRSTJEN M. NIELSEN, in her official capacity as Secretary
of Homeland Security; REX TILLERSON, in his official capacity as Secretary of
State; DANIEL R. COATS, in his official capacity as Director of National

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Intelligence
Defendants - Appellants
-----------------------------THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ARKANSAS; ARIZONA;
FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO; OKLAHOMA;
SOUTH CAROLINA; TEXAS; WEST VIRGINIA
Amici Supporting Appellant
T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN
ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY
CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF
PHILADELPHIA; U. S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND
UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY

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HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellee
___________________
No. 17-2232
(8:17-cv-02921-TDC)
___________________

IRANIAN ALLIANCES ACROSS BORDERS; JANE DOE #1; JANE DOE #2;
JANE DOE #3; JANE DOE #4; JANE DOE #5; JOHN DOE #6; IRANIAN
STUDENTS' FOUNDATION, Iranian Alliances Across Borders Affiliate at the
University of Maryland College Park
Plaintiffs - Appellees
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
KIRSTJEN M. NIELSEN, in her official capacity as Secretary of Homeland
Security; KEVIN K. MCALEENAN, in his official capacity as Acting
Commissioner of U.S. Customs and Border Protection; L. FRANCIS CISSNA, in
his official capacity as Director of U.S. Citizenship and Immigration Services;
REX TILLERSON; JEFFERSON B. SESSIONS III, in his official capacity as
Attorney General of the United States
Defendants - Appellants
-----------------------------THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ARKANSAS; ARIZONA;
FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO; OKLAHOMA;
SOUTH CAROLINA; TEXAS; WEST VIRGINIA

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Amici Supporting Appellant
T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN
ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY
CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF
PHILADELPHIA; U. S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND
UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY
HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellee

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___________________
No. 17-2233
(1:17-cv-02969-TDC)
___________________

EBLAL ZAKZOK; SUMAYA HAMADMAD; FAHED MUQBIL; JOHN DOE
#1; JANE DOE #2; JANE DOE #3
Plaintiffs - Appellees
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY; UNITED
STATES DEPARTMENT OF STATE; KIRSTJEN M. NIELSEN, In her official
capacity as Secretary of Homeland Security; REX TILLERSON, In his official
capacity as Secretary of State
Defendants - Appellants
-----------------------------THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ARKANSAS; ARIZONA;
FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO; OKLAHOMA;
SOUTH CAROLINA; TEXAS; WEST VIRGINIA
Amici Supporting Appellant
T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN

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ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY
CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF
PHILADELPHIA; U. S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND
UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY
HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellee
___________________
No. 17-2240
(8:17-cv-00361-TDC)
___________________

INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban
Justice Center, Inc., on behalf of itself and its clients; HIAS, INC., on behalf of
itself and its clients; JOHN DOES #1 & 3; JANE DOE #2; MIDDLE EAST
STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and
its members; MUHAMMED METEAB; ARAB AMERICAN ASSOCIATION OF
NEW YORK, on behalf of itself and its clients; YEMENI-AMERICAN
MERCHANTS ASSOCIATION; MOHAMAD MASHTA; GRANNAZ

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AMIRJAMSHIDI; FAKHRI ZIAOLHAGH; SHAPOUR SHIRANI; AFSANEH
KHAZAELI; JOHN DOE #4; JOHN DOE #5
Plaintiffs - Appellants
and
PAUL HARRISON; IBRAHIM AHMED MOHOMED; ALLAN HAKKY;
SAMANEH TAKALOO
Plaintiffs
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
UNITED STATES DEPARTMENT OF HOMELAND SECURITY;
DEPARTMENT OF STATE; OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE; KIRSTJEN M. NIELSEN, in her official capacity as Secretary
of Homeland Security; REX TILLERSON, in his official capacity as Secretary of
State; DANIEL R. COATS, in his official capacity as Director of National
Intelligence
Defendants - Appellees
-----------------------------T.A., A U.S. Citizen of Yemeni Descent; RODERICK AND SOLANGE
MACARTHUR JUSTICE CENTER; NEW YORK; CALIFORNIA;
CONNECTICUT; DELAWARE; ILLINOIS; IOWA; MAINE; MARYLAND;
MASSACHUSETTS; NEW MEXICO; OREGON; RHODE ISLAND;
VERMONT; VIRGINIA; WASHINGTON; DISTRICT OF COLUMBIA; CATO
INSTITUTE; MUSLIM JUSTICE LEAGUE; MUSLIM PUBLIC AFFAIRS
COUNCIL; COUNCIL ON AMERICAN-ISLAMIC RELATIONS, California;
IMMIGRATION EQUALITY; THE NEW YORK CITY GAY AND LESBIAN
ANTI-VIOLENCE PROJECT; THE NATIONAL QUEER ASIAN PACIFIC
ISLANDER ALLIANCE; THE LGBT BAR ASSOCIATION OF LOS
ANGELES; THE LGBT BAR ASSOCIATION OF GREATER NEW YORK;
LESBIAN AND GAY BAR ASSOCIATION OF CHICAGO; GLBTQ LEGAL
ADVOCATES & DEFENDERS; BAY AREA LAWYERS FOR INDIVIDUAL
FREEDOM; IMMIGRATION LAW PROFESSORS ON STATUTORY

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CLAIMS; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF
PHILADELPHIA; U.S. CONFERENCE OF MAYORS; INTERNATIONAL
BAR ASSOCIATION'S HUMAN RIGHTS INSTITUTE; THE AMERICANARAB ANTI-DISCRIMINATION COMMITTEE; NATIONAL ASIAN
PACIFIC AMERICAN BAR ASSOCIATION; CIVIL RIGHTS
ORGANIZATIONS; INTERNATIONAL LABOR ORGANIZATIONS;
SCHOLARS OF IMMIGRATION LAW; MEMBERS OF CONGRESS;
PROFESSORS OF FEDERAL COURTS JURISPRUDENCE,
CONSTITUTIONAL LAW, AND IMMIGRATION LAW; COLLEGES AND
UNIVERSITIES; INTERFAITH GROUP OF RELIGIOUS AND
INTERRELIGIOUS ORGANIZATIONS AND CLERGY MEMBERS;
TECHNOLOGY COMPANIES; INTERNATIONAL LAW SCHOLARS AND
NONGOVERNMENTAL ORGANIZATIONS; KAREN KOREMATSU; JAY
HIRABAYASHI; HOLLY YASUI; FRED T. KOREMATSU CENTER FOR
LAW & EQUALITY; CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR
ASSOCIATIONS OF COLOR; CITY OF NEW YORK; MASSACHUSETTS
TECHNOLOGY LEADERSHIP COUNSEL, INC.
Amici Supporting Appellants
THE AMERICAN CENTER FOR LAW AND JUSTICE; ALABAMA;
IMMIGRATION REFORM LAW INSTITUTE; ALABAMA; ARKANSAS;
ARIZONA; FLORIDA; KANSAS; LOUISIANA; MISSOURI; OHIO;
OKLAHOMA; SOUTH CAROLINA; TEXAS; WEST VIRGINIA;
Amici Supporting Appellee
___________________
JUDGMENT
___________________
In accordance with the decision of this court, the judgment of the district
court is affirmed.
This judgment shall take effect upon issuance of this court's mandate in
accordance with Fed. R. App. P. 41.
/s/ PATRICIA S. CONNOR, CLERK