East Bay Sanctuary Covenant v. William Barr
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What was at stake
Asylum Eligibility and Procedural Modifications
What the court decided
The Ninth Circuit affirmed the district court's preliminary injunction barring enforcement (in the four U.S.-Mexico border states) of the DOJ/DHS "Asylum Eligibility and Procedural Modifications" rule, which categorically denied asylum to noncitizens arriving at the Mexican border unless they had first applied for and been denied asylum in a transit country. The panel held the Rule unlawful under the APA: it was "not in accordance with law" and "in excess of statutory limitations" because not consistent with 8 U.S.C. section 1158, and was also "arbitrary and capricious." It also held the plaintiff nonprofit organizations had Article III standing and that the equities and public interest favored the injunction.
Categories
Authoritative link
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