East Bay Sanctuary Covenant v. Merrick Garland
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What was at stake
Challenge to the Asylum Eligibility and Procedural Modifications rule
What the court decided
The Ninth Circuit affirmed the district court's preliminary injunction against the Government's July 16, 2019 "Asylum Eligibility and Procedural Modifications" Rule (the asylum "Transit Rule"), which categorically denied asylum to migrants arriving at the southern border unless they had first applied for and been denied protection in a country they transited. The panel held plaintiffs were likely to succeed on the merits: the Rule is unlawful under the APA because it is "not in accordance with law" and "in excess of statutory limitations," as it is not "consistent with" 8 U.S.C. § 1158, and it is also arbitrary and capricious. The court further held plaintiffs would suffer irreparable harm, the equities and public interest favored relief, and the district court did not abuse its discretion in entering an injunction covering the four states bordering Mexico.
Categories
Authoritative link
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