Motion for Leave to File Amicus Brief (Refugee Law Scholars) — Huisha-Huisha v. Mayorkas (2021-09-23, 3)

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ORAL ARGUMENT NOT YET SCHEDULED 
 
No. 21-5200 
 
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, et al., 
Defendants-Appellants. 
 
On Appeal from the United States District Court 
for the District of Columbia, No. 1:21-cv-00100 
Before the Honorable Judge Emmet G. Sullivan 
 
MOTION OF SCHOLARS OF REFUGEE AND IMMIGRATION LAW 
FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN OPPOSITION TO 
DEFENDANTS-APPELLANTS’ EMERGENCY MOTION TO STAY 
PENDING APPEAL 
 
NOAH A. LEVINE 
WILMER CUTLER PICKERING 
     HALE AND DORR LLP 
7 World Trade Center 
250 Greenwich Street 
New York, NY 10007 
(212) 230-8875 
 
DANIEL S. VOLCHOK  
SPENCER L. TODD 
WILMER CUTLER PICKERING 
     HALE AND DORR LLP 
1875 Pennsylvania Avenue NW 
Washington, DC 20006 
(202) 663-6000 
 
 
September 23, 2021 
 
USCA Case #21-5200      Document #1915429            Filed: 09/23/2021      Page 1 of 5

 
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Proposed amici curiae respectfully move this Court for leave to file a brief in 
support of Plaintiffs-Appellees in this matter.  The proposed amici—scholars with 
expertise in United States and international law governing refugees and United 
States immigration law, who collectively spent decades researching and writing 
about refugee and immigration law—are as follows: 
 
T. Alexander Aleinikoff is University Professor at The New School and 
Director of the Zolberg Institute on Migration and Mobility; former United 
Nations Deputy High Commissioner for Refugees (2010-2015); and co-
author of a leading textbook, Immigration and Citizenship: Process and 
Policy. 
 
Deborah Anker is Clinical Professor of Law at Harvard Law School; 
Founder of the Harvard Immigration and Refugee Clinic; and author of a 
leading treatise, Law of Asylum in the United States. 
 
James C. Hathaway is the James E. and Sarah A. Degan Professor of Law at 
Michigan Law, University of Michigan; founding director of Michigan 
Law’s Program in Refugee and Asylum Law; and the author of The Rights of 
Refugees under International Law. 
 
Gerald L. Neuman is the J. Sinclair Armstrong Professor of International, 
Foreign, and Comparative Law at Harvard Law School; a Co-Director of the 
Human Rights Program at Harvard Law School; and the author of Strangers 
to the Constitution: Immigrants, Borders and Fundamental Law.*  
Proposed amici submit that they will bring a unique perspective to the issues 
presented—that of professors who teach and publish scholarship about United 
States refugee and immigration law.  They have a strong interest in the proper 
interpretation and administration of the nation’s immigration laws for refugees.  In 
 
* University affiliations are provided solely for informational purposes.  
USCA Case #21-5200      Document #1915429            Filed: 09/23/2021      Page 2 of 5

 
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their brief, proposed amici provide an overview of the protections that Congress 
has enacted into United States law for refugees, often to effectuate principles of 
international law and United States treaty obligations.  Proposed amici were 
permitted by the district court to present their views. 
Plaintiffs-Appellees consent to the relief sought in this motion.  Defendants-
Appellants take no position other than that any brief from proposed amici should 
be due at the same time as Plaintiffs-Appellees’ opposition.  Proposed amici are 
filing this motion (with the proposed brief attached) before that deadline. 
CONCLUSION 
This Court should grant proposed amici leave to file the attached brief in 
opposition to Defendants-Appellants’ emergency motion for a stay pending appeal. 
 
USCA Case #21-5200      Document #1915429            Filed: 09/23/2021      Page 3 of 5

 
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Respectfully submitted. 
/s/ Daniel S. Volchok 
 
NOAH A. LEVINE 
WILMER CUTLER PICKERING 
     HALE AND DORR LLP 
7 World Trade Center 
250 Greenwich Street 
New York, NY 10007 
(212) 230-8875 
DANIEL S. VOLCHOK 
SPENCER L. TODD 
WILMER CUTLER PICKERING 
     HALE AND DORR LLP 
1875 Pennsylvania Avenue NW 
Washington, DC 20006 
(202) 663-6000 
 
 
 
 
September 23, 2021
USCA Case #21-5200      Document #1915429            Filed: 09/23/2021      Page 4 of 5

 
 
CERTIFICATE OF COMPLIANCE 
This brief complies with the type-volume limitation of Federal Rule of 
Appellate Procedure 27(d)(2)(a) in that, according the word-count function of the 
word-processing system used to prepare the brief, the motion contains 381 words, 
excluding the portions exempted by Rule 32(f). 
/s/ Daniel S. Volchok 
 
Daniel S. Volchok 
 
CERTIFICATE OF SERVICE 
On this 23rd day of September, 2021, I electronically filed the foregoing 
using the Court’s appellate CM/ECF system.  Counsel for all parties to the case are 
registered CM/ECF users and will be served by that system.  
/s/ Daniel S. Volchok 
 
DANIEL S. VOLCHOK 
USCA Case #21-5200      Document #1915429            Filed: 09/23/2021      Page 5 of 5

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