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Hias, Inc. v. Trump, 985 F.3d 309 (2021) Mayor of St. Petersburg, FL; Noam Bramson, 985 F.3d 309 Mayor of New Rochelle, NY; Alex Morse, Mayor of United States Court of Appeals, Fourth Circuit. Holyoke, MA; Michael Duggan, Mayor of Detroit, MI; Former State Department Officials, Amici HIAS, INC.; Church World Service, Inc.; Lutheran Supporting Appellee. Immigration & Refugee Service, Inc., Plaintiffs - No. 20-1160 Appellees, v. | Argued: October 27, 2020 Donald J. TRUMP, in his official capacity as President of the United States; Michael R. | Pompeo, in his official capacity as Secretary of Decided: January 8, 2021 State; Alex M. Azar, II, in his official capacity as Secretary of Health and Human Services; Chad Wolf, in his official capacity as Acting Secretary of Synopsis Homeland Security, Defendants - Appellants, Background: Private resettlement agencies filed suit State of California; State of Illinois; State of against President, Secretary of State, Secretary of Health Maryland; State of Colorado; State of Connecticut; and Human Services, and Secretary of Homeland State of Delaware; State of Maine; Commonwealth Security, claiming that President’s executive order and of Massachusetts; State of Michigan; State of implementing notice violated Refugee Act, principles of Minnesota; State of New Jersey; State of New federalism, and Administrative Procedure Act (APA) by Mexico; State of New York; State of Oregon; creating “opt-in” system requiring that both state and Commonwealth of Pennsylvania; State of Rhode locality provide their affirmative consent before refugees Island; State of Vermont; Commonwealth of could be resettled in their jurisdictions. The United States Virginia; State of Washington; Refugee and District Court for the District of Maryland, Peter J. Immigrant Center for Education and Legal Messitte, Senior District Judge, 415 F.Supp.3d 669, Service; International Rescue Committee; United granted agencies’ motion for preliminary injunction States Conference of Catholic Bishops; World prohibiting enforcement of order and notice, and issued Relief; the Most Reverend Michael Bruce Curry; nationwide injunction. Government appealed. Presiding Bishop of the Episcopal Church; Ethiopian Community Development Council, Inc.; City of Tempe, AZ; City of Tucson, AZ; City of Alameda, CA; City of Los Angeles, CA; County of Holdings: The Court of Appeals, Keenan, Circuit Judge, Los Angeles, CA; County of Monterey, CA; City of held that: Oakland, CA; City of Sacramento, CA; City and County of San Francisco, CA; County of Santa agencies were likely to succeed on claim that order and Clara, CA; City of Santa Monica, CA; City of West notice violated Refugee Act; Hollywood, CA; City and County of Denver, CA; City of St. Petersburg, FL; City of Boise, ID; City of agencies would likely suffer irreparable harm absent Chicago, IL; City of Holyoke, MA; City of injunction; Somerville, MA; City of St. Paul, MN; City of Lincoln, NE; City of Albuquerque, NM; City of balance of harms favored preliminary injunction; Santa Fe, NM; New York City, NY; Town of Carrboro, NC; City of Columbus, OH; City of public interest supported preliminary injunction; and Cincinnati, OH; City of Portland, or; City of Philadelphia, PA; City of Providence, RI; City of issuance of nationwide injunction was not abuse of Knoxville, TN; City of Austin, TX; County of discretion. Harris, TX; City of Houston, TX; County of King, WA; City of Seattle, WA; City of Tacoma, WA; City of Madison, WI; U.S. Conference of Mayors; Affirmed. Lauren McLean, Mayor of Boise, ID; David R. Martin, Mayor of Stamford, CT; Rick Kriseman, 1 Hias, Inc. v. Trump, 985 F.3d 309 (2021) Procedural Posture(s): Interlocutory Appeal; Motion for Attorney General, OFFICE OF THE ATTORNEY Preliminary Injunction. GENERAL OF MICHIGAN, Lansing, Michigan, for Amicus State of Michigan. Keith Ellison, Attorney *312 Appeal from the United States District Court for the General, OFFICE OF THE ATTORNEY GENERAL OF District of Maryland, at Greenbelt. Peter J. Messitte, MINNESOTA, for Amicus State of Minnesota. Gurbir S. Senior District Judge. (8:19-cv-03346-PJM) Grewal, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NEW JERSEY, Newark, Attorneys and Law Firms New Jersey, for Amicus State of New Jersey. Hector Balderas, Attorney General, OFFICE OF THE ARGUED: Amanda Lee Mundell, UNITED STATES ATTORNEY GENERAL OF NEW JERSEY, for Amicus DEPARTMENT OF JUSTICE, Washington, D.C., for State of New Jersey. Letitia James, Attorney General, Appellants. Justin Bryan Cox, INTERNATIONAL OFFICE OF THE ATTORNEY GENERAL OF NEW REFUGEE ASSISTANCE PROJECT, Atlanta, Georgia, YORK, New York, New York, for Amicus State of New for Appellees. ON BRIEF: Joseph H. Hunt, Assistant York. Ellen F. Rosenblum, Attorney General, OFFICE Attorney General, Mark B. Stern, Civil Division, OF THE ATTORNEY GENERAL OF OREGON, for UNITED STATES DEPARTMENT OF JUSTICE, Amicus State of Oregon. Josh Shapiro, Attorney General, Washington, D.C., for Appellants. Melissa S. Keaney, OFFICE OF THE ATTORNEY GENERAL OF Fair Oaks, California, Linda Evarts, Mariko Hirose, PENNSYLVANIA, Philadelphia, Pennsylvania, for INTERNATIONAL REFUGEE ASSISTANCE Amicus Commonwealth of Pennsylvania. Peter Neronha, PROJECT, New York, New York; Jeffrey J. Resetarits, Attorney General, OFFICE OF THE ATTORNEY Deke Shearon, SHEARMAN & STERLING, New York, GENERAL OF RHODE ISLAND, Providence, Rhode New York, for Appellees. Kwame Raoul, Attorney Island, for Amicus State of Rhode Island. Thomas J. General, Jane Elinor Notz, Solicitor General, Sarah A. Donovan, Jr., Attorney General, OFFICE OF THE Hunger, Deputy Solicitor General, Jeff VanDam, Public ATTORNEY GENERAL OF VERMONT, Montpelier, Interest Counsel, Isaac Jones, Assistant Attorney General, Vermont, for Amicus State of Vermont. Mark R. Herring, OFFICE OF THE ATTORNEY GENERAL OF Attorney General, OFFICE OF THE ATTORNEY ILLINOIS, Chicago, Illinois, for Amicus State of Illinois. GENERAL OF VIRGINIA, for Amicus Commonwealth Xavier Becerra, Attorney General, Michael L. Newman, of Virginia. Robert W. Ferguson, Attorney General, Senior Assistant Attorney General, Cherokee DM Melton, OFFICE OF THE ATTORNEY GENERAL OF Supervising Deputy Attorney General, Vilma WASHINGTON, Olympia, Washington, for Amicus State Palma-Solana, Deputy Attorney General, Jasleen K. of Washington. Ofelia Lee Calderón, CALDERÓN Singh, Deputy Attorney General, OFFICE OF THE SEGUIN, Fairfax, Virginia; Manoj Govindaiah, Maria ATTORNEY GENERAL OF CALIFORNIA, Los Osornio, REFUGEE AND IMMIGRANT CENTER FOR Angeles, California, for Amicus State of California. Brian EDUCATION AND LEGAL SERVICES, San Antonio, E. Frosh, Attorney General, Steven M. Sullivan, Solicitor Texas, for Amicus Refugee and Immigrant Center for General, Jeffry P. Dunlap, Assistant Attorney General, Education and Legal Services. Michael N. Feuer, City OFFICE OF THE ATTORNEY GENERAL OF Attorney, Kathleen A. Kenealy, Chief Assistant City MARYLAND, Baltimore, Maryland, for Amicus State of Attorney, Danielle L. Goldstein, Deputy City Attorney, Maryland. Phil Weiser, Attorney General, OFFICE OF Michael Dundas, Deputy City Attorney, OFFICE OF THE ATTORNEY GENERAL OF COLORADO, THE LOS ANGELES CITY ATTORNEY, Los Angeles, Denver, Colorado, for Amicus State of Colorado. William California, for Amicus City of Los Angeles. George S. Tong, Attorney General, OFFICE OF THE ATTORNEY Cardona, Interim City Attorney, CITY ATTORNEY’S GENERAL OF CONNECTICUT, Hartford, Connecticut, OFFICE, Santa Monica, California, for Amicus City of for Amicus State of Connecticut. Kathleen Jennings, Santa Monica, California. Susana Alcala Wood, City Attorney General, OFFICE OF THE ATTORNEY Attorney, CITY ATTORNEY’S OFFICE, Sacramento, GENERAL OF DELAWARE, Dover Delaware, for California, for Amicus City of Sacramento, California. Amicus State of Delaware. Aaron M. Frey, Attorney Leslie J. Girard, County Counsel, William Litt, Deputy General, OFFICE OF THE ATTORNEY GENERAL OF County Counsel, COUNTY ATTORNEY’S OFFICE, MAINE, Augusta, Maine, for Amicus State of Maine. Salinas, California, for Amicus County of Monterey, Maura Haley, Attorney General, OFFICE OF THE California. Esteban A. Aguilar, Jr., City Attorney, CITY ATTORNEY GENERAL OF MASSACHUSETTS, for ATTORNEY’S OFFICE, Albuquerque, New Mexico, for Amicus Commonwealth of Massachusetts. Dana Nessel, Amicus City of Albuquerque, New Mexico. Peter S. 2 Hias, Inc. v. Trump, 985 F.3d 309 (2021) Holmes, Seattle City Attorney, CITY ATTORNEY’S Counsel, OFFICE OF THE COUNTY COUNSEL, San OFFICE, Seattle, Washington, for Amicus City of Seattle, Jose, California, for Amicus Santa Clara County, Washington. Kristin M. Bronson, City Attorney, CITY California. Marcel S. Pratt, City Solicitor, City of ATTORNEY’S OFFICE, Denver, Colorado, for Amicus Philadelphia Law Department, OFFICE OF THE CITY City and County of Denver, Colorado. Lyndsey M. Olson, SOLICITOR, Philadelphia, Pennsylvania, for Amicus City Attorney, CITY ATTORNEY’S OFFICE, St. Paul, City of Philadelphia, Pennsylvania. Francis X. Wright, Jr., Minnesota, for Amicus City of St. Paul. Eli Savit, Detroit, City Solicitor, CITY SOLICITOR’S OFFICE, Michigan, for Amicus Mayor Michael E. Duggan, City of Somerville, Massachusetts, for Amicus City of Detroit, Michigan. Yibin Shen, City Attorney, CITY Somerville, Massachusetts. Crystal Barnes, Acting City ATTORNEY’S OFFICE, Alameda, California, for Solicitor, CITY SOLICITOR’S OFFICE, Holyoke, Amicus City of Alameda, California. Judi Baumann, City Massachusetts, for Amici City of Holyoke, Massachusetts
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