INTERN. REFUGEE ASSISTANCE PROJECT v. TRUMP

No. 19-1990.

961 F.3d 635 (2020)

INTERNATIONAL REFUGEE ASSISTANCE PROJECT, on behalf of itself and its clients; Hias, Inc., on behalf of itself and its clients; Middle East Studies Association of North America, Inc., on behalf of itself and its members; Arab American Association of New York, on behalf of itself and its clients; Yemeni-American Merchants Association, on behalf of itself and its members; IRAP John Doe #4; IRAP John Doe #5; IRAP Jane Doe #2; Muhammed Meteab; Mohamad Mashta; Grannaz Amirjamshidi; Shapour Shirani; Afsaneh Khazaeli; Iranian Alliances Across Borders; IAAB Jane Doe #1; IAAB Jane Doe #3; IAAB Jane Doe #5; IAAB John Doe #6; Iranian Students' Foundation, Iranian Alliances Across Borders Affiliate at the University of Maryland College Park; Eblal Zakzok; Fahed Muqbil; Zakzok Jane Doe #1; Zakzok Jane Doe #2, Plaintiffs-Appellees, v. Donald J. TRUMP, in his official capacity as President of the United States; United States Department of Homeland Security; United States Department of State; Office of the Director of National Intelligence; Chad Wolf, in his official capacity as Acting Secretary of Homeland Security; Michael R. Pompeo, in his official capacity as Secretary of State; Joseph Maguire, in his official capacity as Acting Director of National Intelligence; Mark A. Morgan, in his official capacity as Senior Official Performing the Functions and Duties of the Commissioner of U.S. Customs and Border Protection; Kenneth T. Cuccinelli, in his official capacity as Acting Director of U.S. Citizenship and Immigration Services; William P. Barr, in his official capacity as Attorney General of the United States, Defendants-Appellants. Former National Security Officials; Muslim Bar Associations; Muslim Law Student Associations; Cuny-Clear; Advocates for Youth; Bend the Arc: A Jewish Partnership for Justice; Chicago Lawyers' Committee for Civil Rights Under Law; Freedom From Religion Foundation; Judge David L. Bazelon Center for Mental Health Law; Lambda Legal Defense and Education Fund; Mississippi Center for Justice; National Center for Lesbian Rights; National Urban League; People for the American Way Foundation; Southern Coalition for Social Justice; Washington Lawyers' Committee for Civil Rights and Urban Affairs, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 8, 2020.


Attorney(s) appearing for the Case

ARGUED: Joshua Paul Waldman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Mark William Mosier , COVINGTON & BURLING LLP, Washington, D.C., for Appellees. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, Hashim M. Mooppan , Deputy Assistant Attorney General, H. Thomas Byron III , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert K. Hur , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellants. Nimra H. Azmi , MUSLIM ADVOCATES, Washington, D.C.; Richard B. Katskee , AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, Washington, D.C.; Lala R. Qadir , Jack Boeglin , Laura Dolbow , COVINGTON & BURLING LLP, Washington, D.C., for IAAB Appellees. Justin B. Cox , Atlanta, Georgia, Mariko Hirose , Linda Evarts , Kathryn Claire Meyer , New York, New York, Melissa Keaney , INTERNATIONAL REFUGEE ASSISTANCE PROJECT, Fair Oaks, California; Max S. Wolson , NATIONAL IMMIGRATION LAW CENTER, Los Angeles, California; Omar C. Jadwat , Lee Gelernt , Hina Shamsi , Hugh Handeyside , New York, New York, Cecillia D. Wang , Cody H. Wofsy , Spencer E. Amdur , San Francisco, California, David Cole , Daniel Mach , Heather L. Weaver , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Washington, D.C.; David Rocah , Deborah A. Jeon , Sonia Kumar , Nicholas Taichi Steiner , AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF MARYLAND, Baltimore, Maryland, for IRAP Appellees. Faiza Patel , Harsha Panduranga , Brennan Center of Justice, NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York; Jethro Eisenstein , PROFETA & EISENSTEIN, New York, New York; Lena F. Masri , Gadeir Abbas , Justin Sadowsky , CAIR LEGAL DEFENSE FUND, Washington, D.C.; Robert A. Atkins , Liza Velazquez , Andrew J. Ehrlich , Steven C. Herzog , Meredith Borner , Luke J. O'Brien , PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP, New York, New York, for Zakzok Appellees. Harold Hongju Koh , Rule of Law Clinic, YALE LAW SCHOOL, New Haven, Connecticut; Phillip Spector , MESSING & SPECTOR LLP, Baltimore, Maryland, for Amici Former National Security Officials. Adeel A. Mangi , Sofia G. Syed , Abigail E. Marion , PATTERSON BELKNAP WEBB & TYLER LLP, New York, New York, for Amici Muslim Bar Associations, Muslim Law Student Associations, and Cuny-Clear. Lynne Bernabei , Alan R. Kabat , BERNABEI & KABAT, PLLC, Washington, D.C., for Amici Advocates for Youth, Bend the Arc: A Jewish Partnership for Justice, Chicago Lawyers' Committee for Civil Rights under Law, Freedom from Religion Foundation, Judge David L. Bazelon Center for Mental Health Law, Lambda Legal Defense and Education Fund, Mississippi Center for Justice, National Center for Lesbian Rights, National Urban League, People for the American Way Foundation, Southern Coalition for Social Justice, and Washington Lawyers' Committee for Civil Rights and Urban Affairs.

Reversed and remanded with instructions to dismiss by published opinion. Judge Niemeyer wrote the opinion, in which Judge Agee and Judge Richardson joined.


This action — consisting of three separate actions with varying procedural histories that have been consolidated and that currently challenge the President's Proclamation 9645 imposing restrictions on the entry of foreign nationals from specified countries — is back before us for the third time, after having...

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