Saturday, March 9, 2019

Ninth Circuit Revises Its Standing Rules -- To Deal With Non-Conforming Deportation Attempts -- By Trump Administration....


Starting April 1, 2019, the Ninth Circuit has decreed that any paperwork opposing removal, or deportation, within the Circuit's jurisdiction (which includes the California and Arizona southern borders) shall automatically be granted, as an at least temporary stay, on any additional attempts to deport the involved person. Think of it like the automatic stay, in bankruptcy: the mere filing of the paper stops all INS, ICE and DHS efforts to deport. This new rule (in my opinion) reflects deep skepticism in the courts about whether Trump's administration has been following applicable law.

The East Bay Sanctuary Covenant case, and the Ms. L. action have both resulted in nationwide preliminary injunctions (upheld on appeals) against what were clearly lawless efforts at the border. All of which now leads to this court rule, essentially presuming that anyone present here, will have the right to stay here -- during any proceedings Trump's team brings to deport them. Here is the new standing procedural order, in full -- and a bit:

. . . .Upon the filing of an initial motion or request for stay of removal or deportation, the order of removal or deportation is temporarily stayed until further order of the Court. . . .

Pursuant to this court’s decision in DeLeon v. INS, 115 F.3d 643 (9th Cir. 1997), a final order of deportation or removal is automatically temporarily stayed upon the filing of a motion or request for stay of deportation or removal in a petition for review of such an order. This temporary stay is in effect whether or not the court issues an order confirming such stay. See id. . . .


It is a highly-unusual moment, in the history of constitutional separation of powers, when an arm of the judicial branch revises its rules, to essentially presume the executive is not following long settled black letter law. Now you know.

नमस्ते

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