In Re United States

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 18 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: UNITED STATES OF AMERICA; No. 17-72917 DONALD J. TRUMP; U.S. DEPARTMENT OF HOMELAND D.C. Nos. 3:17-cv-05211-WHA SECURITY; ELAINE C. DUKE. 3:17-cv-05235-WHA ______________________________ 3:17-cv-05329-WHA 3:17-cv-05380-WHA UNITED STATES OF AMERICA; 3:17-cv-05813-WHA DONALD J. TRUMP; U.S. Northern District of California, DEPARTMENT OF HOMELAND San Francisco SECURITY; ELAINE C. DUKE, in her official capacity as Acting Secretary of the ORDER Department of Homeland Security, Petitioners, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO, Respondent, REGENTS OF THE UNIVERSITY OF CALIFORNIA; JANET NAPOLITANO, In her official capacity as President of the University of California; STATE OF CALIFORNIA; STATE OF MAINE; STATE OF MINNESOTA; STATE OF MARYLAND; CITY OF SAN JOSE; DULCE GARCIA; MIRIAM GONZALEZ AVILA; VIRIDIANA CHABOLLA MENDOZA; NORMA RAMIREZ; COUNTY OF SANTA CLARA; SMR/MOATT SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521; JIRAYUT LATTHIVONGSKORN; SAUL JIMENEZ SUAREZ, Real Parties in Interest. Before: WARDLAW, GOULD, and WATFORD, Circuit Judges. The court has received the government’s November 17, 2017 emergency stay motion. The response to the motion is due Monday, November 20, 2017, at 12:00 p.m. PST, and the optional reply is due Monday, November 20, 2017, at 5:00 p.m. PST. In addition to all other issues the parties wish to raise in the response and reply, the parties shall address whether this court has jurisdiction to grant a stay of proceedings, or whether the motion for a stay should instead be filed in the district court. See Ellis v. U.S. Dist. Court, 360 F.3d 1022 (9th Cir. 2004) (en banc). SMR/MOATT 2