Ninth Circuit Hears Arguments and Rules in Trump Executive Order Case

Ninth Circuit Hears Arguments and Rules in Trump Executive Order Case

The U.S. Court of Appeals for the Ninth Circuit recently reviewed a district court’s ruling that issued a temporary restraining order preventing the implementation of Trump’s executive order issued on January 27, 2017. The federal government requested that the Ninth Circuit stay the temporary restraining order issued by the district court. Trump’s first travel ban, which instituted a temporary ban for individuals from certain predominantly Muslim countries from entering the U.S., was a source of controversy from its inception that led to hundreds of immigrants being turned away, and in some cases, detained, at borders and airports. The district court that issued the restraining order worded it broadly in intending the order to apply nationwide. Questions about the district court’s restraining order against the first travel ban focused on a number of different issues. The judges questioned the legal standing under Article III of the U.S. Constitution of the states of Washington and Minnesota to challenge Trump’s executive order. They also considered whether the restraining order should extend to the ban in its entirety, as well as whether it should apply to the entire nation. Additionally, the appellate court looked at the constitutionality of the travel ban, in terms of it effectively operating as a Muslim ban. The Ninth Circuit upheld the district court’s restraining order while the appeal is pending, finding that the federal government did not meet its burden in showing a likelihood of success on the merits of the claim or that a stay was necessary to prevent irreparable injury. Therefore, the district court’s temporary restraining order will remain in effect, at least for now. This ruling has resulted in a newly revised travel ban ordered by Trump; whether the “travel ban 2.0” will meet the same fate as the first travel ban is yet to be determined. Landerholm Immigration, A.P.C., consists of California deportation defense lawyers who have the immigration law experience that you need and deserve when facing removal charges. No matter what type of allegations exist in your case, we will advocate on your behalf and guide you through the deportation defense process, one step at a time. We know what defenses work in certain situations, and will use the facts of your case to build the strongest defense possible for you. Contact our office today, and discover what we can do for you.
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