International Refugee Assistance Project, a project of the Urban Justice Center,… v. Donald J. Trump

# PUBLISHED

# UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-1351

INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban
Justice Center, Inc., 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; MUHAMMED METEAB;
PAUL HARRISON; IBRAHIM AHMED MOHOMED; JOHN DOES #1 & 3;
JANE DOE #2,

Plaintiffs - Appellees,

V.

DONALD J. TRUMP, in his official capacity as President of the United States;
DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF STATE;
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; JOHN F.
KELLY, in his official capacity as Secretary of Homeland Security; REX W.
TILLERSON, in his official capacity as Secretary of State; DANIEL R. COATS, in
his official capacity as Director of National Intelligence,

Defendants - Appellants.

STATE OF TEXAS; STATE OF ALABAMA; STATE OF ARIZONA; STATE OF
ARKANSAS; STATE OF FLORIDA; STATE OF KANSAS; STATE OF
LOUISIANA; STATE OF MONTANA; STATE OF OKLAHOMA; STATE OF
SOUTH CAROLINA; STATE OF SOUTH DAKOTA; STATE OF WEST
VIRGINIA; PHIL BRYANT, Governor of the State of Mississippi; AMERICAN
CENTER FOR LAW AND JUSTICE; SOUTHERN LEGAL FOUNDATION,
INC .; AMERICAN CIVIL RIGHTS UNION; IMMIGRATION REFORM LAW
INSTITUTE; U.S. JUSTICE FOUNDATION; CITIZENS UNITED; CITIZENS
UNITED FOUNDATION; ENGLISH FIRST FOUNDATION; ENGLISH FIRST;
PUBLIC ADVOCATE OF THE UNITED STATES; GUN OWNERS
FOUNDATION; GUN OWNERS OF AMERICA; CONSERVATIVE LEGAL

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DEFENSE AND EDUCATION FUND; U.S. BORDER CONTROL
FOUNDATION; POLICY ANALYSIS CENTER; VICTOR WILLIAMS,

Amici Supporting Appellants,

INTERFAITH COALITION; COLLEGES AND UNIVERSITIES; T.A .;
COMMONWEALTH OF VIRGINIA; STATE OF MARYLAND; STATE OF
CALIFORNIA; STATE OF CONNECTICUT; STATE OF DELAWARE; STATE
OF ILLINOIS; STATE OF IOWA; STATE OF MAINE; STATE OF
MASSACHUSETTS; STATE OF NEW MEXICO; STATE OF NEW YORK;
STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE
ISLAND; STATE OF VERMONT; STATE OF WASHINGTON; DISTRICT OF
COLUMBIA; CITY OF CHICAGO; CITY OF LOS ANGELES; CITY OF NEW
YORK; CITY OF PHILADELPHIA; CITY COUNCIL OF NEW YORK; MAYOR
OF THE CITY OF NEW YORK; CITY OF AUSTIN; CITY OF BOSTON;
MARTIN J. WALSH, Mayor of Boston; TOWN OF CARRBORO; JAMES A.
DIOSSA, Mayor of Central Falls, Rhode Island; COOK COUTNY, ILLINOIS;
CITY OF GARY; CITY OF IOWA CITY; SVANTE L. MYRICK, Mayor of Ithaca;
CITY OF JERSEY CITY; CITY OF MADISON; CITY OF MINNEAPOLIS;
MONTGOMERY COUNTY; CITY OF NEW HAVEN; TONI N. HARP, Mayor of
New Haven; CITY OF OAKLAND; CITY OF PORTLAND; CITY OF
PROVIDENCE; JORGE O. ELORZA, Mayor of Providence; CITY OF ST. LOUIS;
CITY OF SAINT PAUL; CITY OF SAN FRANCISCO; COUNTY OF SAN
FRANCISCO; CITY OF SAN JOSE; SANTA CLARA COUNTY; CITY OF
SANTA MONICA; CITY OF SEATTLE; VILLAGE OF SKOKIE; CITY OF
SOUTH BEND; CITY OF TUCSON; CITY OF WEST HOLLYWOOD; FORMER
NATIONAL SECURITY OFFICIALS; MEMBERS OF THE CLERGY;
RIVERSIDE CHURCH IN THE CITY OF NEW YORK; AMERICANS UNITED
FOR SEPARATION OF CHURCH & STATE; BEND THE ARC; A JEWISH
PARTNERSHIP FOR JUSTICE; SOUTHERN POVERTY LAW CENTER;
AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE; NEW YORK
UNIVERSITY; RODERICK & SOLANGE MACARTHUR JUSTICE CENTER;
HOWARD UNIVERSITY SCHOOL OF LAW CIVIL RIGHTS CLINIC;
UNIVERSITY PROFESSORS & HIGHER EDUCATION ASSOCIATIONS;
INTERNATIONAL LAW SCHOLARS; NONGOVERNMENTAL
ORGANIZATIONS; ISMAIL ELSHIKH; ANT-DEFAMATION LEAGUE;
JEWISH COUNCIL FOR PUCLIC AFFAIRS; UNION FOR REFORM JUDAISM;
CENTRAL CONFERENCE OF AMERICAN RABBIS; WOMEN OF REFORM
JUDAISM; AMERICAN BAR ASSOCIATION; MUSLIM JUSTICE LEAGUE;
MUSLIM PUBLIC AFFAIRS COUNCIL; ISLAMIC CIRCLE OF NORTH
AMERICA; COUNCIL ON AMERICAN-ISLAMIC RELATIONS; ASIAN
AMERICANS ADVANCING JUSTICE-ASIAN LAW CAUCUS; NATIONAL
IMMIGRANT JUSTICE CENTER; ASISTA; AMERICANS FOR IMMIGRANT

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JUSTICE; FUTURES WITHOUT VIOLENCE; NORTH CAROLINA
COALITION AGAINST DOMESTIC VIOLENCE; SANCTUARY FOR
FAMILIES; MEMBERS OF CONGRESS; SERVICE EMPLOYEES
INTERNATIONAL UNION; AMERICAN FEDERATION OF STATE,COUNTY
& MUNICIPAL EMPLOYEES, AMERICAN FEDERATION OF TEACHERS;
HISTORY PROFESSORS & SCHOLARS; LAWYERS' COMMITTEE FOR
CIVIL RIGHTS UNDER LAW; CENTER FOR REPRODUCTIVE RIGHTS;
SOUTHERN COALITION FOR SOCIAL JUSTICE; NATIONAL CENTER FOR
LESBIAN RIGHTS; JUDGE DAVID L. BAZELTON CENTER FOR MENTAL
HEALTH LAW; CHICAGO LAWYERS' COMMITTEE FOR CIVIL RIGHTS
UNDER LAW; MISSISSIPPI CENTER FOR JUSTICE; WASHINGTON
LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS;
TECHNOLOGY COMPANIES; FRED T. KOREMATSU CENTER FOR LAW &
EQUALITY; JAY HIRABAYASHI; HOLLY YASUI; KAREN KOREMATSU;
CIVIL RIGHTS ORGANIZATIONS; NATIONAL BAR ASSOCIATIONS OF
COLOR; FOUNDATION FOR THE CHILDREN OF IRAN; IRANIAN
ALLIANCES ACROSS BORDERS; MASSACHUSETTS TECHNOLOGY
LEADERSHIP COUNCIL; EPISCOPAL BISHOPS; IMMIGRATION LAW
SCHOLARS & CLINICIANS ON STATUTORY CLAIMS; FORMER FEDERAL
IMMIGRATION & HOMELAND SECURITY OFFICIALS; CONSTITUTIONAL
LAW SCHOLARS; MEDICAL INSTITUTIONS; ADVOCACY
ORGANIZATIONS; INDIVIDUAL PHYSICIANS; TAHIRIH JUSTICE
CENTER; ASIAN PACIFIC INSTITUTE ON GENDER-BASED VIOLENCE;
CASA DE ESPERANZA; NATIONAL DOMESTIC VIOLENCE HOTLINE;
INTERFAITH GROUP OF RELIGIOUS & INTERRELIGIOUS
ORGANIZATIONS; OXFAM AMERICA, INC .; CONSTITUTIONAL LAW
PROFESSORS; AMERICAN JEWISH COMMITTEE; MUSLIM RIGHTS,
PROFESSIONAL & PUBLIC HEALTH ORGANIZATIONS; CATO INSTITUTE;
NATIONAL ASSIAN PACIFIC AMERICAN BAR ASSOCIATION;
ASSOCIATION OF ART MUSEUM DIRECTORS; AMERICAN ALLIANCE OF
MUSEUMS; COLLEGE ART ASSOCIATION; 94 ART MUSEUMS;
AMERICAN PROFESSIONAL SOCIETY ON THE ABUSE OF CHILDREN;
ADVOCATES FOR HUMAN RIGHTS; ASIAN LAW ALLIANCE; ASIAN
PACIFIC AMERICAN NETWORK OF OREGON; CASA; COMMUNITY
REFUGEE & IMMIGRATION SERVICES; INTEGRATED REFUGEE &
IMMIGRANT SERVICES; IMMIGRANT LAW CENTER OF MINNESOTA;
SOUTHEAST ASIA RESOURCE ACTION CENTER; IMMIGRANT RIGHTS
CLINIC OF WASHINGTON; SQUARE LEGAL SERVICES, INC .; AIRPORT
ATTORNEYS COALITION,

Amici Supporting Appellees.

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# On remand from the Supreme Court of the United States. (S. Ct. No. 16-1436)

Remanded: October 10, 2017

Decided: November 17, 2017

Before GREGORY, Chief Judge, NIEMEYER, MOTZ, TRAXLER, KING, SHEDD,
AGEE, KEENAN, WYNN, DIAZ, FLOYD, THACKER, and HARRIS, Circuit Judges.

Dismissing as moot the challenge to Executive Order No. 13,780, decision by published
per curiam order. Judge Niemeyer concurred in part and dissented in part from the order
dismissing as moot, in which Judge Shedd and Judge Agee joined.

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## ORDER

PER CURIAM:

The Supreme Court held, by order dated October 10, 2017, that the appeal of our
decision in this case, 857 F.3d 554 (4th Cir. 2017), no longer presents a live case or
controversy because the challenged provision "expired by its own terms." The Supreme
Court expressed no view of the merits of our decision, but vacated the judgment and
instructed this Court "to dismiss as moot the challenge to Executive Order No. 13,780."
Accordingly, we dismiss the challenge as moot.

IT IS SO ORDERED.

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NIEMEYER, Circuit Judge, with whom Judge SHEDD and Judge AGEE join, concurring
in part and dissenting in part:

I join today's per curiam order dismissing as moot the challenge to Executive Order
No. 13,780. I would further vacate the district court's order and decision, 241 F. Supp. 3d
539 (D. Md. 2017), consistent with "[t]he established practice" described in United States
v. Munsingwear, Inc., 340 U.S. 36, 39 (1950). Indeed, the Supreme Court has stated that
this is "the duty of the appellate court," id. at 40 (quoting Duke Power Co. v. Greenwood
County, 299 U.S. 259, 267 (1936)), so as to prevent a decision, "unreviewable because of
mootness, from spawning any legal consequences," id. at 41.