Case 2:17-cv-00135-JLR Document 102 Filed 10/31/17 Page 1 of 5 1 District Judge James L. Robart 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 JUWEIYA ABDIAZIZ ALI, et al., 12 Plaintiffs, 13 14 15 16 17 No. 2:17-cv-00135-JLR JOINT STATUS REPORT AND STIPULATION TO EXTENSION OF STAY v. DONALD TRUMP, et al., Defendants. 18 19 20 21 22 23 24 25 26 27 INTRODUCTION This joint status report and stipulated motion for continuation of the stay currently in place follows this Court’s July 14, 2017 order staying these proceedings and the parties’ joint status report of July 14, 2017, in which they agreed that continuation of the stay was appropriate. The parties recommend, in light of the preliminary injunction issued in Hawaii v. Trump, No. 17-vc-50 (D. Hawaii), that the stay again be continued until at least such time as the Ninth Circuit enters a ruling on the government’s appeal of that preliminary injunction, Hawaii v. Trump, No. 17-17168 (9th Cir.). 28 STIPULATED MOTION TO EXTENSION OF STAY - 1 (2:17-cv-00135-JLR) U.S. DEPARTMENT OF JUSTICE P.O. Box 868, Ben Franklin Station Washington, D.C. 20001 (202) 598-2445 Case 2:17-cv-00135-JLR Document 102 Filed 10/31/17 Page 2 of 5 1 2 BACKGROUND On July 14, 2017, the parties recommended continuing the stay in this case pending 3 the conclusion of Supreme Court proceedings in Trump v. Hawai‘i and Trump v. 4 International Refugee Assistance Project (“IRAP”). The Supreme Court has vacated the 5 judgments in and remanded those cases “with instructions to dismiss as moot the 6 challenge[s] to [EO2].” State of Washington v. Trump, No. 17-cv-0141, ECF No. 209 7 (W.D. Wa. Oct. 27, 2017) (citing Trump v. Hawaii, --- U.S. ---, 2017 WL 4782860, at *1 8 (Oct. 24, 2017); Trump v. Int’l Refugee Assistance Project, --- U.S. ---, 2017 WL 9 4518553, at *1 (Oct. 10, 2017)). 10 However, the President has issued Proclamation 9,645, entitled “Enhancing Vetting 11 Capabilities and Processes for Detecting Attempted Entry into the United States by 12 Terrorists or Other Public-Safety Threats.” 82 Fed. Reg. 45,161 (Sept. 27, 2017) 13 (“Proclamation 9,645”). The District of Hawaii entered a TRO enjoining Defendants 14 from enforcing or implementing Sections 2(a), (b), (c), (e), (g), and (h) of Proclamation 15 9,645, which the parties agreed to treat as a preliminary injunction. Hawaii v. Trump, --- 16 F. Supp. 3d ----, 2017 WL 4639560 (D. Haw. Oct. 17, 2017). The District of Maryland in 17 IRAP also preliminarily enjoined those sections except regarding “[i]ndividuals lacking a 18 credible claim of a bona fide relationship with a person or entity in the United States.” 19 IRAP v. Trump, --- F. Supp. 3d ----, 2017 WL 4674314, at *41 (D. Md. Oct. 17, 2017). 20 Both injunctions apply on a worldwide basis. Both the Hawaii and Maryland orders have 21 been appealed to their respective circuit courts. Hawaii v. Trump, No. 17-17168 (9th 22 Cir.); IRAP v. Trump, Nos. 17-2231 (L), 17-2232, 17-2233, 17-2240 (4th Cir.). 23 STIPULATION 24 The parties agree that the stay should be continued in this case for the same 25 reasons explained by this Court in State of Washington v. Trump, No. 17-cv-0141, ECF 26 No. 209. In pertinent part, Proclamation 9,645 indefinitely suspends immigration from 27 Chad, Iran, Libya, North Korea, Syria, Yemen, and Somalia, as well as entry of certain 28 classes of non-immigrants from those countries. Proclamation §§ 2(a)-(e), (g)-(h). As a STIPULATED MOTION TO EXTENSION OF STAY - 2 (2:17-cv-00135-JLR) U.S. DEPARTMENT OF JUSTICE P.O. Box 868, Ben Franklin Station Washington, D.C. 20001 (202) 598-2445 Case 2:17-cv-00135-JLR Document 102 Filed 10/31/17 Page 3 of 5 1 result, the issues present in Plaintiffs’ challenge to the preceding Executive Orders in this 2 case persist under the Proclamation, and are similarly blocked by the injunctions entered 3 against the Proclamation in Hawaii and IRAP. The reasons given by this Court in State of 4 Washington equally counsel extending the stay here “so long as the preliminary 5 injunction in Hawaii v. Trump concerning Proclamation 9,645 or a preliminary injunction 6 of identical or broader scope remains in place.” No. 17-cv-0141, ECF No. 209 at 16. 7 That is, Plaintiffs will not suffer any alleged injury while the courts’ orders prevent the 8 operative sections of the Proclamation from taking effect, and the Court will be able to 9 conserve its resources and benefit from the Ninth Circuit’s forthcoming ruling in the 10 Hawaii v. Trump appeal. Id. 11 CONCLUSION 12 For the foregoing reasons, the parties stipulate and jointly move the court to 13 extend the stay of proceedings in this case at least until such time as the Ninth Circuit 14 enters a ruling on the appeal of the preliminary injunction of Proclamation 9,645 in 15 Hawaii v. Trump, No. 17-17168 (9th Cir.). The parties will file another joint status report 16 at such time. 17 DATE: October 31, 2017 Respectfully submitted, s/ Matt Adams MATT ADAMS Northwest Immigrants Rights’ Project (SEA) 615 2nd Avenue, Suite 400 Seattle, WA 98104 Telephone: 206-957-8611 Email: matt@nwirp.org CHAD A. READLER Acting Assistant Attorney General Civil Division 18 19 20 21 22 23 24 25 WILLIAM C. PEACHEY Director GISELA A. WESTWATER Assistant Director Counsel for Plaintiffs STACEY I. YOUNG Senior Litigation Counsel 26 27 s/ Joseph A. Darrow JOSEPH A. DARROW 28 STIPULATED MOTION TO EXTENSION OF STAY - 3 (2:17-cv-00135-JLR) U.S. DEPARTMENT OF JUSTICE P.O. Box 868, Ben Franklin Station Washington, D.C. 20001 (202) 598-2445 Case 2:17-cv-00135-JLR Document 102 Filed 10/31/17 Page 4 of 5 Trial Attorney United States Department of Justice Office of Immigration Litigation District Court Section Ben Franklin Station, P.O. Box 868 Washington, DC 20044 Telephone: (202) 598-2445 Facsimile: (202) 305-7000 E-mail: joseph.a.darrow@usdoj.gov 1 2 3 4 5 6 7 Counsel for Defendants 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION TO EXTENSION OF STAY - 4 (2:17-cv-00135-JLR) U.S. DEPARTMENT OF JUSTICE P.O. Box 868, Ben Franklin Station Washington, D.C. 20001 (202) 598-2445 Case 2:17-cv-00135-JLR Document 102 Filed 10/31/17 Page 5 of 5 1 2 3 CERTIFICATE OF SERVICE I hereby certify that on this 31st day of October, 2017, a true and correct copy of the foregoing document was served pursuant to the district court’s ECF system to the 4 5 6 7 8 counsel of record for all parties, who are ECF registered filers. s/Joseph A. Darrow JOSEPH A. DARROW Trial Attorney United States Department of Justice 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION TO EXTENSION OF STAY - 5 (2:17-cv-00135-JLR) U.S. DEPARTMENT OF JUSTICE P.O. Box 868, Ben Franklin Station Washington, D.C. 20001 (202) 598-2445