Additional Ninth Circuit Appeals — From Tangerine’s Losses, On Holding Minors In Hotels — Look To Be… Dying Off Now.

On Friday, in about 12 separate pending cases before the Ninth Circuit (from various trial level losses by Baby-T, Bill Barr and Sarah Fabian under the so-called Title 42 program), the court on its own motion suggested that since the Biden administration is ending the T policy, such as it was, these appeals may well be mooted shortly.

The panel called for the views of all parties on the below matters in quite a few cases, as I say — and that is good. These will all soon be gone (just like Baby T is):


It appears that the Centers for Disease Control and Prevention (“CDC”) has suspended the Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists, 85 Fed. Reg. 65,806 (Oct. 16, 2020) (“Title 42 Order”), with respect to unaccompanied minors, pending the CDC’s “reassessment” of the Title 42 Order. See Notice of Temporary Exception from Expulsion of Unaccompanied Noncitizen Children Encountered in the United States Pending Forthcoming Public Health Determination (Feb. 11, 2021).

Within 14 days of the date of this Order, the parties shall provide the Court with a status report addressing: (1) the current status of the CDC’s reassessment of the Title 42 Order; (2) whether the government is continuing to expel accompanied minors under the Title 42 Order, and whether it is reconsidering its practice of holding these minors in hotels prior to their expulsion; and (3) how these considerations affect whether this appeal should go forward. [12026646] [20-55951, 20-56052] (WL) [Entered: 03/05/2021 04:34 PM]. . . .

Onward, to bright new days ahead — grinning, as Spring is coming here. Finally.


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