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EAST BAY SANCTUARY COVENANT v. BARR

No. 19-16487.

934 F.3d 1026 (2019)

EAST BAY SANCTUARY COVENANT; Al Otro Lado; Innovation Law Lab; Central American Resource Center, Plaintiffs-Appellees, v. William P. BARR, Attorney General; United States Department of Justice; James McHenry, Director of the Executive Office for Immigration Review, in his official capacity; Executive Office for Immigration Review; Kevin K. McAleenan, Acting Secretary of Homeland Security, in his official capacity; U.S. Department of Homeland Security; Kenneth T. Cuccinelli, Acting Director of the U.S. Citizenship and Immigration Services, in his official capacity; John P. Sanders, Acting Commissioner of U.S. Customs and Border Protection, in his official capacity; United States Citizenship and Immigration Services; U.S. Customs and Border Protection; Matthew Albence, Acting Director of Immigration and Customs Enforcement, in his official capacity; Immigration and Customs Enforcement, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2019.

Attorney(s) appearing for the Case

Joseph H. Hunt , Assistant Attorney General; Scott G. Stewart , Deputy Assistant Attorney General; William C. Peachey , Director; Erez Reuveni , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Lee Gelernt , Omar C. Jadwat , and Anand Balakrishnan , American Civil Liberties Union Foundation Immigrants' Rights Project, New York, New York; Katrina Eiland , Cody Wofsy , Spencer Amdur , and Julie Veroff , American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, California; Melissa Crow , Southern Poverty Law Center, Washington, D.C.; Mary Bauer , Southern Poverty Law Center, Charlottesville, Virginia; Baher Azmy , Angelo Guisado , and Ghita Schwarz , Center for Constitutional Rights, New York, New York; Christine P. Sun , Vasudha Talla , and Angelica Salceda , American Civil Liberties Union Foundation of Northern California Inc., San Francisco, California; for Plaintiffs-Appellees.

Mark Brnovich , Attorney General; Oramel H. Skinner , Solicitor General; Rusty D. Crandell , Deputy Solicitor General; Office of the Attorney General, Phoenix, Arizona; for Amicus Curiae State of Arizona.

Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York; Alex Gazikas , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Peter S. Margulies , Roger Williams University School of Law, Bristol, Rhode Island; Shoba Sivaprasad Wadhia , University Park, Pennsylvania; for Amici Curiae Professors of Immigration Law.

Before: A. Wallace Tashima, Milan D. Smith, Jr., and Mark J. Bennett, Circuit Judges.

ORDER

Appellants seek a stay pending appeal of the district court's July 24, 2019 order preliminarily enjoining the Department of Justice and Department of Homeland Security's joint interim final rule, "Asylum Eligibility and Procedural Modifications" (the "Rule"), 84 Fed...

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