Yet Another Loss For Trump — In The Court Of Appeals: 100 Page Opinion

While we await the able USDC Judge Sabraw’s order, from yesterday’s San Diego status hearing, we will post on new one here. Again, in yet another case, involving refugees and migrants approaching our borders, Trump’s lawlessness at the border is enjoined — and confirmed, on appeal. He’s now like three for forty, overall.

Here is the 100 page opinion — with a turgid and voluminous dissent — but a dissent that mis-states the facts, and is wrong on the law.

. . . .[T]his motion stems from the impact of a separate regulation, promulgated while this litigation was pending, on a subgroup of metered asylum seekers. That regulation, known variously as the “Third Country Transit Rule,” “transit rule,” and “asylum ban,” (“the Rule”), provides, subject to narrow exceptions, that a noncitizen who “enters, attempts to enter, or arrives in the United States” at the southern border on or after July 16, 2019 is not eligible for asylum in the United States unless they applied for asylum in another country, such as Mexico, that they passed through on their way to the southern border. 8 C.F.R. § 208.13(c)(4).

The district court granted a preliminary injunction enjoining enforcement of the Rule against a provisionally certified class of plaintiffs who arrived at the southern border seeking asylum before July 16, 2019 but were denied entry and prevented from making an asylum claim under the metering policy. The government appealed and moved this court for a stay of the injunction pending appeal. Because the government has not carried its burden of showing that a stay is warranted, we deny the motion. . . .

Now you know. Onward, to Daylight Savings, come dawn. . . smile.


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