We Will Have Briefs Tomorrow — On Whether Trump May Move People Already Awaiting 8 U.S.C. § 1158(a) Hearings Back Into Mexico…

This will be entirely rewritten tomorrow, around Noon Eastern, when the first brief is filed, in Innovation Law Lab v. Nielsen, et al. (Appeal No. 19-15716), Ninth Cir.

This concerns whether Trump may drive people awaiting 8 U.S.C. § 1158(a) hearings (on “credible fear“, among other matters), back across the southern border, and leave them in Mexico, until their hearing dates. I think the law is clear that he cannot. The nationwide preliminary injunction is on appeal in the Ninth Circuit — and we will start to see that play out tomorrow.

. . . .The court has received appellants’ emergency motion for a stay. The district court’s April 8, 2019 preliminary injunction order is temporarily stayed pending resolution of the emergency stay motion.

The opposition to the emergency motion is due at 9:00 a.m. Pacific Time on April 16, 2019. The optional reply in support of the emergency motion is due at 9:00 a.m. Pacific Time on April 17, 2019.

[Erh, more to come]. . . .

Onward — on a brightly-sunny white-snow clad Monday. . . with six full inches rapidly melting away, as Spring returns. Smile. . . .

नमस्ते

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