Motion for Leave to File Amicus Brief (IRAP) — Huisha-Huisha v. Mayorkas (2021-09-23, 2)

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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, et al., on behalf of themselves 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. 1:21-cv-00100-EGS 
____________ 
MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE IN 
SUPPORT OF PLAINTIFFS-APPELLEES’ OPPOSITION TO 
DEFENDANTS-APPELLANTS’ EMERGENCY MOTION FOR STAY 
PENDING APPEAL AND FOR AN ADMINISTRATIVE STAY PENDING 
DISPOSITION OF THE STAY MOTION 
 
Kathryn Austin 
 
 
 
 
kaustin@refugeerights.org 
Geroline A. Castillo  
 
 
 
gcastillo@refugeerights.org 
Mariko Hirose 
 
 
 
 
mhirose@refugeerights.org 
Deepa Alagesan 
 
 
 
 
dalagesan@refugeerights.org 
INTERNATIONAL REFUGEE  
 
Tel: (516) 296-0688 
ASSISTANCE PROJECT 
 
 
One Battery Park Plaza, 4th Floor 
 
Counsel for Amicus Curiae 
New York, N.Y. 10004  
USCA Case #21-5200      Document #1915392            Filed: 09/23/2021      Page 1 of 5

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The International Refugee Assistance Project, Inc. (“IRAP”) respectfully 
moves for leave to participate as amicus curiae and to file the attached amicus curiae 
brief in support of Plaintiffs-Appellees’ Opposition to Defendants-Appellants’ 
Emergency Motion for Stay Pending Appeal and for an Administrative Stay Pending 
Disposition of the Stay Motion (Doc. #1914728).  IRAP has consulted with the 
parties in this litigation.  Counsel for Plaintiffs consents to IRAP’s filing an amicus 
curiae brief.  Counsel for Defendants “takes no position on [IRAP’s] motion,” but 
notes that “if the motion is granted the amicus brief should be filed on or before 
plaintiff[s]’ due date of Thursday, Sept. 23 at 4pm.” 
IRAP is a nonprofit organization dedicated to advancing and defending the 
rights of refugees and other displaced people through systemic litigation, direct 
representation, and policy and media advocacy.  Since its founding in 2008, IRAP 
has acted as counsel to hundreds of refugees and asylum seekers before 
administrative agencies and in the federal courts. 
There is good cause to allow this brief’s filing.  Because of its work on behalf 
of displaced people, including its work with asylum seekers affected by the 
expulsion policy, IRAP is uniquely positioned to offer insight into the worldwide 
refugee crisis and the specific policy at issue and has a strong interest in ensuring 
that the Refugee Act and related laws are enforced in a manner that is consistent with 
Congress’s objectives to create a robust humanitarian protection system and to cabin 
USCA Case #21-5200      Document #1915392            Filed: 09/23/2021      Page 2 of 5

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the Executive’s discretion in that system.  IRAP seeks to submit this amicus curiae 
brief to show how Defendants-Appellants’ expulsion policy is contrary to the laws 
Congress put in place to protect asylum seekers, violating well-established rights.  
IRAP believes that its insight into U.S. humanitarian protection laws and their 
legislative history will assist the Court in a full understanding of the protections and 
procedures Congress requires for all asylum seekers, and how the challenged policy 
circumvents such protections and procedures. 
 
Dated: September 23, 2021 
 
 New York, New York 
 
Respectfully submitted, 
 
/s/ Kathryn Austin     
Kathryn Austin 
Geroline A. Castillo 
Mariko Hirose 
Deepa Alagesan 
INTERNATIONAL REFUGEE 
ASSISTANCE PROJECT 
 
 
One Battery Park Plaza, 4th Floor 
 
New York, N.Y. 10004  
 
Tel: (516) 296-0688 
kaustin@refugeerights.org 
gcastillo@refugeerights.org 
mhirose@refugeerights.org 
dalagesan@refugeerights.org 
 
Counsel for Amicus Curiae 
 
USCA Case #21-5200      Document #1915392            Filed: 09/23/2021      Page 3 of 5

 
 
CORPORATE DISCLOSURE STATEMENT 
 
 
Pursuant to D.C. Circuit Rules 8(a)(4), 26.1, 27(a)(4), and 29(b) and Federal 
Rules of Appellate Procedure 29(a)(4)(A) and 26.1, proposed amicus curiae submits 
the following corporate disclosure statement: 
The International Refugee Assistance Project, Inc. is a private, non-profit 
organization dedicated to advancing and defending the rights of refugees and other 
displaced people through systemic litigation, direct representation, and policy and 
media advocacy.  It has no parent corporation, and no publicly held corporation owns 
10% or more of its stock.
USCA Case #21-5200      Document #1915392            Filed: 09/23/2021      Page 4 of 5

 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on September 23, 2021, the foregoing motion to 
participate as amicus curiae, along with the attachment, was served by filing a copy 
using the Court’s ECF filing system, which will send notice of the filing to all 
counsel of record. 
 
 
/s/ Kathryn Austin  
 
 
Kathryn Austin 
 
Counsel for Amicus Curiae 
 
 
 
USCA Case #21-5200      Document #1915392            Filed: 09/23/2021      Page 5 of 5

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