Case 2:17-cv-00135-JLR Document 104 Filed 01/18/18 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 DONALD TRUMP, et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 JOINT STATUS REPORT AND STIPULATION TO EXTENSION OF STAY v. 14 15 No. 2:17-cv-00135-JLR INTRODUCTION This joint status report and stipulated motion for continuation of the stay currently in place follows this Court’s November 1, 2017 order staying these proceedings and the parties’ joint status report of October 31, 2017, in which they agreed that continuation of the stay was appropriate. The parties recommend, in light of the December 4, 2017 stay issued by the Supreme Court in Trump v. Hawaii, No. 17A550, ___ S. Ct. ___ 2017 WL 5987406 (Dec 4, 2017), that the stay again be continued until such time as the Supreme Court issues a decision in that case or denies the government’s January 5, 2018 petition for certiorari. 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 104 Filed 01/18/18 Page 2 of 5 1 BACKGROUND 2 On October 31, 2017, this Court ordered the case stayed “until such time as the 3 Ninth Circuit rules on the appeal of the preliminary injunction in Hawaii v. Trump, No. 4 17-17168 (9th Cir.).” Dkt. 103 at 2. That preliminary injunction followed the issuance of 5 Proclamation 9,645, entitled “Enhancing Vetting Capabilities and Processes for Detecting 6 Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.” 82 7 Fed. Reg. 45,161 (Sept. 27, 2017) (“Proclamation 9,645”). The District of Hawaii entered 8 a TRO enjoining Defendants from enforcing or implementing Sections 2(a), (b), (c), (e), 9 (g), and (h) of Proclamation 9,645, which the parties agreed to treat as a preliminary 10 injunction. Hawaii v. Trump, 265 F. Supp. 3d 1140 (D. Haw. Oct. 17, 2017). The District 11 of Maryland in IRAP also preliminarily enjoined those sections except regarding 12 “[i]ndividuals lacking a credible claim of a bona fide relationship with a person or entity 13 in the United States.” IRAP v. Trump, 265 F.Supp.3d 570, 633 (D. Md. Oct. 17, 2017). 14 Both injunctions applied on a worldwide basis. Both the Hawaii and Maryland orders 15 were appealed to their respective circuit courts. Hawaii v. Trump, No. 17-17168 (9th 16 Cir.); IRAP v. Trump, Nos. 17-2231 (L), 17-2232, 17-2233, 17-2240 (4th Cir.). 17 Following an emergency stay request from the government, the Supreme Court 18 stayed both preliminary injunctions in their entirety, “pending disposition of the 19 Government's appeal” in the Fourth and Ninth Circuits, “and disposition of the 20 Government's petition for a writ of certiorari, if such writ is sought.” Trump v. Hawaii, 21 No 17A550, ___ S. Ct. ___, 2017 WL 5987406, at *1 (Dec. 4, 2017); Trump v. Int'l 22 Refugee Assistance Project, No. 17A560, ___ S. Ct. ___, 2017 WL 5987435. at *1 (Dec. 23 4, 2017). On December 22, 2017, the Ninth Circuit upheld in part the District Court’s 24 preliminary injunction, but stayed its decision “pending Supreme Court review.” Hawaii 25 v. Trump, No. 17-17168, ___ F.3d ___, 2017 WL 6554184, at *25 (9th Cir. Dec. 22, 26 2017). On January 5, 2018, the Government filed a petition for certiorari in Hawaii v. 27 Trump. 28 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 104 Filed 01/18/18 Page 3 of 5 1 STIPULATION 2 The parties agree that the stay should be continued in this case pending the 3 outcome of the certiorari petition in Hawaii v. Trump. In pertinent part, Proclamation 4 9,645 indefinitely suspends immigration from Chad, Iran, Libya, North Korea, Syria, 5 Yemen, and Somalia, as well as entry of certain classes of non-immigrants from those 6 countries. §§ 2(a)-(e), (g)-(h). Should the Supreme Court grant certiorari, its decision 7 may provide useful guidance in the present case. Consequently, the Court will be able to 8 conserve its resources and benefit from a decision from the Supreme Court, or the 9 termination of the Court’s stay order following a denial of certiorari. 10 CONCLUSION 11 For the foregoing reasons, the parties stipulate and jointly move the court to 12 extend the stay of proceedings in this case at least until such time as the Supreme Court 13 either dismisses the petition for certiorari and dissolves its stay or, if certiorari is granted, 14 rules on the merits of Hawaii v. Trump. The parties will file another joint status report at 15 such time. 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 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 104 Filed 01/18/18 Page 4 of 5 1 2 3 4 5 6 7 8 9 DATE: January 18, 2018 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 WILLIAM C. PEACHEY Director GISELA A. WESTWATER Assistant Director Counsel for Plaintiffs 16 s/ Stacey I. Young STACEY I. YOUNG Senior Litigation Counsel 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: stacey.young@usdoj.gov 17 Counsel for Defendants 10 11 12 13 14 15 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 104 Filed 01/18/18 Page 5 of 5 1 2 3 CERTIFICATE OF SERVICE I hereby certify that on this 18th day of January, 2018, 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/ Stacey I. Young STACEY I. YOUNG Senior Litigation Counsel 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