Motion (2018-12-05)
- Date
- 2018-12-05
Summary
A Notice of Motion and Administrative Motion for Leave to File Amicus Brief, filed December 5, 2018 as Document 77 in East Bay Sanctuary Covenant et al. v. Donald J. Trump, President of the United States et al., Case No. 3:18-cv-06810-JST, in the U.S. District Court for the Northern District of California. Proposed amici curiae Professors of Immigration Law ask leave to file a brief supporting the plaintiffs' motion for a preliminary injunction. The motion states the amici teach and publish on United States immigration law and the Immigration and Nationality Act, and that plaintiffs and defendants consented to the filing subject to a 12.5-page limit. It is signed by David C. Marcus of Wilmer Cutler Pickering Hale and Dorr LLP and includes an appendix listing the amici. The motion is six pages.
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Case 4:18-cv-06810-JST Document 77 Filed 12/05/18 Page 1 of 6
1 DAVID C. MARCUS (SBN: 158704)
david.marcus@wilmerhale.com
2 WILMER CUTLER PICKERING
HALE AND DORR LLP
3 350 South Grand Avenue, Suite 2100
Los Angeles, CA 90071
4 Telephone: +1 213 443 5312
Facsimile: +1 213 443 5400
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Attorney for Amici Curiae Professors of Immigration Law
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Additional attorneys listed in signature block
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8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10 SAN FRANCISCO DIVISION
11 EAST BAY SANCTUARY COVENANT Case No. 3:18-cv-06810-JST
ET AL.,
12 NOTICE OF MOTION AND
Plaintiffs, ADMINISTRATIVE MOTION FOR
13 LEAVE TO FILE AMICUS BRIEF
v.
14
DONALD J. TRUMP, PRESIDENT OF
15 THE UNITED STATES ET AL.,
16 Defendants.
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Case No. 3:18-cv-06810-JST NOTICE OF MOTION AND ADMINISTRATIVE
MOTION FOR LEAVE TO FILE AMICUS BRIEF
Case 4:18-cv-06810-JST Document 77 Filed 12/05/18 Page 2 of 6
1 PLEASE TAKE NOTICE that proposed amici curiae Professors of Immigration Law1
2 request leave to file the accompanying amicus brief in support of plaintiffs’ motion for a
3 preliminary injunction.
4 Amici curiae are law professors who teach and publish scholarship about United States
5 immigration law. Amici have collectively studied the implementation and history of the
6 Immigration and Nationality Act (“INA”) for decades, and have written extensively on the topic.
7 They accordingly have an abiding interest in the proper interpretation and administration of the
8 Nation’s immigration laws, particularly the INA. The proposed amicus brief addresses issues on
9 which plaintiffs rest their motion and as to which amici are uniquely equipped to provide guidance
10 to this Court.
11 “There are no strict prerequisites that must be established prior to qualifying for amicus
12 status; an individual seeking to appear as amicus must merely make a showing that his
13 participation is useful to or otherwise desirable to the court.” Dkt. 20 (quoting In re Roxfords
14 Foods Litig., 790 F. Supp. 987, 997 (E.D. Cal. 1991)). Recognizing the significant constraints on
15 this Court’s time, amici have submitted a concise brief after coordinating with more than twenty
16 professors. Dkt. 50, at 2 (urging amici to submit concise briefs after coordination with others
17 making similar arguments). Amici respectfully submit that their proposed brief could aid this
18 Court’s consideration by placing the current dispute in the broader context and history of relevant
19 immigration statutes. Furthermore, the proposed brief will assist the Court in addressing the issues
20 raised in plaintiffs’ motion for a preliminary injunction because it offers expertise and an alternate
21 perspective on certain factual premises and legal arguments advanced by both plaintiffs and
22 defendants.
23 Plaintiffs and defendants have consented to the filing of this brief, subject to amici’s
24 compliance with a 12.5-page limit (i.e., half the length of party briefs). For the foregoing reasons,
25 amici request that the Court grant leave to file the attached amicus brief.
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A complete list of amici is set forth in the appendix to this motion. University affiliations are listed solely for
informational purposes.
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Case No. 3:18-cv-06810-JST NOTICE OF MOTION AND ADMINISTRATIVE
MOTION FOR LEAVE TO FILE AMICUS BRIEF
Case 4:18-cv-06810-JST Document 77 Filed 12/05/18 Page 3 of 6
1 CONCLUSION
2 For the foregoing reasons, amici’s motion for leave to file the attached amicus brief should
3 be granted.
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Case No. 3:18-cv-06810-JST NOTICE OF MOTION AND ADMINISTRATIVE
MOTION FOR LEAVE TO FILE AMICUS BRIEF
Case 4:18-cv-06810-JST Document 77 Filed 12/05/18 Page 4 of 6
1 DATED: December 5, 2018 Respectfully submitted,
2
PETER S. MARGUILES (pro hac vice) By: /s/ David C. Marcus
3 Roger Williams University School of Law DAVID C. MARCUS (SBN: 158704)
10 Metacom Avenue david.marcus@wilmerhale.com
4 Bristol, RI 02809 WILMER CUTLER PICKERING
Telephone: 401 254 4564 HALE AND DORR LLP
5 350 South Grand Avenue, Suite 2100
SHOBA SIVAPRASAD WADHIA (pro hac vice) Los Angeles, CA 90071
6 Penn State Law Telephone: +1 213 443 5312
329 Innovation Blvd., Suite 118 Facsimile: +1 213 443 5400
7 University Park, PA 16802
Telephone: 814 865 3823
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University affiliations are listed solely for informational purposes.
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Case No. 3:18-cv-06810-JST NOTICE OF MOTION AND ADMINISTRATIVE
MOTION FOR LEAVE TO FILE AMICUS BRIEF
Case 4:18-cv-06810-JST Document 77 Filed 12/05/18 Page 5 of 6
1 APPENDIX: LIST OF AMICI
2 Sabrineh Ardalan, Assistant Clinical Professor of Law
Harvard Law School
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Linda Bosniak, Professor of Law
4 Rutgers Law School
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Jason Cade, Associate Professor of Law
6 University of Georgia School of Law
7 Jennifer M. Chacón, Professor of Law
UCLA School of Law
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Gabriel J. Chin, Professor of Law
9 University of California, Davis School of Law
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Marisa Cianciarulo, Professor, Associate Dean
11 Chapman University Dale E. Fowler School of Law
12 Alina Das, Professor of Clinical Law
New York University School of Law
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Ingrid V. Eagly, Professor of Law
14 University of California, Los Angeles School of Law
15 Maryellen Fullerton, Interim Dean and Professor of Law
16 Brooklyn Law School
17 Denise L. Gilman, Clinical Professor
University of Texas at Austin School of Law
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Pratheepan Gulasekaram, Professor of Law
19 Santa Clara University School of Law
20 Margaret Hu, Associate Professor of Law
Washington and Lee School of Law
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22 Alan Hyde, Distinguished Professor of Law
Rutgers Law School
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Kate Jastram, Professor of Law
24 University of California Hastings College of the Law
25 Anil Kalhan, Professor of Law
Drexel University Thomas R. Kline School of Law
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University affiliations are listed solely for informational purposes.
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Case No. 3:18-cv-06810-JST NOTICE OF MOTION AND ADMINISTRATIVE
MOTION FOR LEAVE TO FILE AMICUS BRIEF
Case 4:18-cv-06810-JST Document 77 Filed 12/05/18 Page 6 of 6
1 Daniel Kanstroom, Professor of Law
Boston College Law School
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Linda Kelly, Professor of Law
3 Indiana University Robert H. McKinney School of Law
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Stephen Legomsky, Professor Emeritus
5 Washington University Law
6 Matthew Lindsay, Associate Professor of Law
University of Baltimore School of Law
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Peter S. Margulies, Professor of Law
8 Roger Williams University School of Law
9 M. Isabel Medina, Professor of Law
10 Loyola University New Orleans College of Law
11 Michael Olivas, William B. Bates Distinguished Chair in Law
University of Houston Law Center
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Jaya Ramji-Nogales, Associate Dean for Academic Affairs
13 Temple Beasley School of Law
14 David Rubenstein, Professor of Law
15 Washburn University School of Law
16 Andrew Schoenholtz, Professor from Practice
Georgetown University Law Center
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Anita Sinha, Assistant Professor of Law
18 American University Washington College of Law
19 Juliet Stumpf, Professor of Law
Lewis & Clark Law School
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21 Philip L. Torrey, Lecturer on Law
Harvard Law School
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Shoba Sivaprasad Wadhia, Professor of Law
23 Penn State Law
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Case No. 3:18-cv-06810-JST NOTICE OF MOTION AND ADMINISTRATIVE
MOTION FOR LEAVE TO FILE AMICUS BRIEF
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- Original
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