Monday, September 9, 2019

Trump: Loser, Again! In East Bay, Nationwide Injunction Restored!


Once again, as of about an hour ago, the Trump administration is prohibited from enforcing its "third countries" rule, along the borders of Texas and New Mexico.

It continues to be prohibited in California and Arizona. No surprise. It is a nationwide violation, after all. Here's a bit, and the full well reasoned 14 page PDF, from the able Judge Jon Tigar:

. . . .The need to provide complete relief to the Plaintiffs, standing alone, is sufficient reason for the re-issuance of the nationwide injunction. In addition to that factor, however... other factors support such relief.

...[A]nything but a nationwide injunction will create major administrability issues. Although the Government’s recently-issued guidance with regard to the Rule is intended to allow the Court’s injunction to be applied within the Ninth Circuit, problems in administration would remain. For one thing, ambiguities within the guidance documents will lead to uneven enforcement. See ECF No. 67 at 12 (comparing the Government’s description of the injunction as covering those “whose adjudications and proceedings occur in the Ninth [C]ircuit” to the EOIR Guidance’s instruction that the Rule does not apply to those whose “interview or adjudication” occurs in the Ninth Circuit).

For another, it is not clear what effect the guidance will have on an asylum applicant who transits between circuits. For example, an applicant who crosses the border and has a credible fear interview outside the Ninth Circuit would, in the absence of a nationwide injunction, be subject to the Rule and thus (barring an exception) eligible only for withholding of removal or CAT. Id. If that individual’s removal proceedings were later moved to the Ninth Circuit, it is unclear whether the immigration judge would be bound by the original denial of credible fear or, since the Rule is enjoined within the Ninth Circuit, able to allow the individual to apply for asylum. . . .


So, once again (as we predicted two weeks ago). . . Trump's wanton lawlessness -- born of Stephen Miller's vain, senseless cruelty. . . is halted, nationwide. Onward.

नमस्ते

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