Full text
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
1
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
2
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