Wednesday, February 17, 2021

More Of (The Former) Tangerine Mussolini's Lawlessness, Now Officially Enjoined By Judge Tigar: East Bay IV Litigation, In Oakland's Federal Courts...


Again, no surprise. None at all. The other shoes. . . are dropping, and dropping apace, now. The monstrous things he impotently tried, are daily being erased from the law books.

Here (do go read all eight pages) an able USDC Judge flatly holds DJT violated the law, in his attack on people lacking papers.

. . .On December 17, 2020, just weeks before a change in presidential administrations -- and with an effective date of January 19, 2021, just one day before that change -- the Department of Homeland Security (“DHS”) issued the final third country transit ban rule, entitled “Asylum Eligibility and Procedural Modifications” (the “Final Rule”). 85 Fed. Reg. 82,260 (Dec. 17, 2020) (codified at 8 C.F.R. pts. 208, 1208). The Final Rule is functionally equivalent to the interim rule that this Court preliminarily enjoined (and another court vacated). 84 Fed. Reg. 33,829 (“Interim Rule”). It categorically denies asylum to most persons entering the United States at the southern border who did not first apply for asylum in Mexico or another third country. . . .

Under controlling Ninth Circuit law, the Final Rule is invalid because it is inconsistent with existing asylum laws. As with the Interim Rule, the Final Rule deprives vulnerable asylum applicants of essential procedural safeguards designed to avoid arbitrary denials of asylum. Also, rather than ensure their safety, the rule increases the risk asylum applicants will be subjected to violence. See E. Bay Sanctuary Covenant v. Barr, 385 F. Supp. 3d 922, 953-56 (N.D. Cal. 2019) (“E. Bay I”). For these reasons, and the additional reasons set forth below, the Court now enjoins the Final Rule from taking effect. . . .


Onward -- to about four piled up feet, of gorgeous mirror bright snowbanks. . . grinning, ear to ear -- as a copper hued goddess glows increasingly larger, in the NASA mission's front camera lens -- and. . . tomorrow is almost here! It's like Christmas Eve. . . .

नमस्ते

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