No. 21-5200.

27 F.4th 718 (2022)

Nancy Gimena HUISHA-HUISHA, and Her Minor Child, et al., Appellees v. Alejandro N. MAYORKAS, Secretary of Homeland Security, in His Official Capacity, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 2022.

Attorney(s) appearing for the Case

Sharon Swingle , Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Brian M. Boynton , Acting Assistant Attorney General, and Joshua Waldman and Ashley A. Cheung , Attorneys.

John M. Miano , was on the brief for amicus curiae Immigration Reform Law Institute in support of appellants.

Judd E. Stone, II , Solicitor General, Office of the Attorney General for the State of Texas, Ryan S. Baasch , Assistant Solicitor General, and Leif A. Olson , Special Counsel, were on the brief for amicus curiae The State of Texas in support of appellants.

Lee Gelernt , argued the cause for appellees. With him on the brief were Stephen B. Kang , Cody Wofsy , Omar Jadwat , David Chen , Blaine Bookey , Karen Musalo , Robert Silverman , Scott Michelman , Arthur B. Spitzer , and Tamara F. Goodlette .

Noah A. Levine and Daniel S. Volchok , were on the brief for amici curiae Scholars of Refugee and Immigration Law in support of appellees.

Ilya Shapiro and Ilya Somin , were on the brief for amicus curiae The Cato Institute in support of appellees.

Kathryn Austin , Geroline A. Castillo , Mariko Hirose , and Deepa Alagesan , were on the brief for amicus curiae The International Refugee Assistance Project, Inc. in support of appellees.

Raymond P. Tolentino and Mahrah M. Taufique were on the brief for amici curiae Historians in support of appellees.

Dimitri D. Portnoi , was on the brief for amici curiae 14 Legal Service and Advocacy Organizations in support of appellees.

Vincent Levy , was on the brief for amicus curiae United Nations High Commissioner for Refugees in support of appellees.

Kathleen R. Hartnett and Julie Veroff were on the brief for amici curiae HIAS, et al. in support of appellees.

Charles Tucker, Jr. was on the brief for amici curiae The National Haitian American Elected Officials Network, et al. in support of appellees.

Before: Srinivasan, Chief Judge, Wilkins and Walker, Circuit Judges.

In a public-health emergency, 42 U.S.C. § 265 authorizes the Executive Branch to "prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate."

The Executive has exercised that power during the COVID-19 pandemic. It has issued a series of orders prohibiting...


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