Motion for Leave to File Amicus Brief (Historians) — Huisha-Huisha v. Mayorkas (2021-09-23, 1)

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[ORAL ARGUMENT NOT YET SCHEDULED] 
 
No. 21-5200 
 
 
IN THE UNITED STATES COURT OF APPEALS 
FOR THE DISTRICT OF COLUMBIA CIRCUIT 
 
 
NANCY GIMENA HUISHA-HUISHA, ON BEHALF OF HERSELF AND OTHERS SIMILARLY 
SITUATED, 
Plaintiffs-Appellees, 
 
v. 
 
ALEJANDRO MAYORKAS, SECRETARY OF HOMELAND SECURITY, IN HIS OFFICIAL 
CAPACITY, ET AL.  
Defendants-Appellants. 
_________________ 
 
On Appeal from the United States District Court 
for the District of Columbia 
No. 21-cv-00100-EGS 
 
 
MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN 
SUPPORT OF PLAINTIFFS-APPELLEES’ OPPOSITION TO 
DEFENDANTS-APPELLANTS’ EMERGENCY MOTION FOR A STAY 
 
 
Raymond P. Tolentino  
 
Counsel of Record 
Mahrah M. Taufique 
KAPLAN HECKER & FINK LLP 
350 Fifth Avenue, 63rd Floor 
New York, NY 10118 
           
(212) 763-0883 
rtolentino@kaplanhecker.com  
 
Counsel for Amici Curiae 
 
 
 
 
USCA Case #21-5200      Document #1915461            Filed: 09/23/2021      Page 1 of 6

 
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Pursuant to Federal Rules of Appellate Procedure 29(a)(3) and 27, Alan Kraut 
(American University), Carl Bon Tempo (University at Albany), Nancy Foner (City 
University of New York), Maria Cristina Garcia (Cornell University), David A. 
Gerber (University at Buffalo), Adam Goodman (University of Illinois at Chicago), 
Torrie Hester (Saint Louis University), Hidetaka Hirota (Sophia University), Philip 
Kasinitz (City University of New York), S. Deborah Kang (University of Virginia), 
Julia Rose Kraut (author and legal historian), Erika Lee (University of Minnesota), 
Julian Lim (Arizona State University), Maddalena Marinari (Gustavus Adolphus 
College), Howard Markel (University of Michigan), Deirdre Moloney (author and 
legal historian), Lucy E. Salyer (University of New Hampshire), and Yael Schacher 
(Refugees International) respectfully move for leave to file the attached brief as 
amici curiae in the above-captioned matter in support of Plaintiffs-Appellees’ 
opposition to Defendants-Appellants’ emergency motion for a stay of the district 
court’s preliminary injunction.1 
Amici curiae are distinguished scholars with expertise in the history of 
immigration, medicine, and public health in the United States. Amici seek to file this 
brief because, as professional historians, they have a significant interest in providing 
this Court with an accurate historical understanding of 42 U.S.C. § 265, which forms 
 
1 Institutional affiliation is noted for informational purposes only and does 
not indicate endorsement by institutional employers of the positions advocated in 
the proposed amicus brief. 
USCA Case #21-5200      Document #1915461            Filed: 09/23/2021      Page 2 of 6

 
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the basis of the government’s unprecedented policy of barring and expelling families 
at the border under the guise of protecting public health. Based on their expertise 
and knowledge of the relevant history, amici urge the Court to deny the 
government’s emergency motion for a stay pending appeal.   
The proposed amicus brief would be desirable and relevant to the Court’s 
evaluation of the government’s emergency motion for a stay. The central question 
in this appeal is whether the government has authority under 42 U.S.C. § 265 to 
summarily expel noncitizen families from the country. The proposed amicus brief 
provides valuable historical context that will assist this Court in answering that 
question of statutory interpretation. See United States v. Hite, 769 F.3d 1154, 1160 
(D.C. Cir. 2014) (“The search for the meaning of the statute must also include an 
examination of the statute’s context and history.”). Furthermore, granting leave to 
file would not cause any delay or prejudice to the parties.  
Counsel for Plaintiffs-Appellees has consented to amici’s proposed filing. 
Counsel for Defendants-Appellants has represented that the government “takes no 
position” on this motion, but that “if the court grants the motion the amicus brief 
should be filed on or before plaintiff’s opposition is due on Thursday Sept. 23 at 
4pm.”  
 
 
 
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For the foregoing reasons, amici respectfully request that this Court grant 
them leave to file the proposed brief. 
Dated: September 23, 2021 
  
 
Respectfully Submitted, 
 
 
 
 
 
 
      
 /s/ Raymond P. Tolentino 
 
Raymond P. Tolentino 
     Counsel of Record 
Mahrah M. Taufique 
KAPLAN HECKER & FINK LLP 
350 Fifth Avenue, 63rd Floor 
New York, NY 10118 
(212) 763-0883 
rtolentino@kaplanhecker.com 
 
Counsel for Amici Curiae  
USCA Case #21-5200      Document #1915461            Filed: 09/23/2021      Page 4 of 6

 
 
CERTIFICATE OF COMPLIANCE 
This motion complies with the type-volume limitation of Fed. R. App. P. 
27(d)(2) because it contains 449 words. 
This motion complies with the typeface requirements of Fed. R. App. 
P. 32(a)(5) and the type style requirements of Fed. R. App. 32(a)(6) because this 
brief has been prepared in a proportionally spaced type face using Microsoft Word 
2010 in Times New Roman 14-point font. 
Dated: September 23, 2021 
  
 
/s/ Raymond P. Tolentino  
 
 
Raymond P. Tolentino 
Counsel for Amici Curiae 
 
 
 
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CERTIFICATE OF SERVICE 
I hereby certify that on September 23, 2021, I electronically filed the 
foregoing motion with the Clerk for the United States Court of Appeals for the D.C. 
Circuit by using the CM/ECF system. A true and correct copy of this motion has 
been served via the Court’s CM/ECF system on all counsel of record.  
Dated: September 23, 2021 
  
 
/s/ Raymond P. Tolentino  
 
 
Raymond P. Tolentino 
Counsel for Amici Curiae 
 
 
 
USCA Case #21-5200      Document #1915461            Filed: 09/23/2021      Page 6 of 6

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