Justice Kennedy issues Stay of 9th Circuit Travel Case Order As To Refugees

This is an UPDATE (by WAJ):

Justice Kennedy has issued a partial stay of the 9th Circuit ruling, with regard to the refugee aspect of the Travel Order, the only portion as to which the government sought a stay:

UPON CONSIDERATION of the application of counsel for the applicants,IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending receipt of a response, due on or before Tuesday, September 12, 2017, by 12 p.m., and further order of the undersigned or of the Court.

ORIGINAL REPORTING:

Monday, the Justice Department requested a stay of the 9th Circuit’s most recent interpretation of Trump’s executive travel order.

Politico reports:

The Trump administration is returning to the Supreme Court in an effort to overturn lower court rulings crimping the application of President Donald Trump’s travel ban executive order.Justice Department lawyers asked the high court Monday to allow authorities to keep up a block on many refugees covered by Trump’s ban….The dispute taken to the justices Monday addresses how much of the travel ban can be enforced until the Supreme Court rules on the broader issues. The justices are scheduled to hear arguments Oct. 10 on a pair of cases related to the ban.

The stay takes issue not with the familial relationship issue, but with the allowance of refugees, an immigration classification Trump’s executive order initially temporarily halted.

Thursday night, the 9th Circuit Appellate Court struck another blow to Trump’s second, scaled down travel order.

The latest, in this unnecessarily long and drawn out saga, is the 9th Circuit’s opinion allowing just about every family member of foreign nationals receiving visitor benefits exemption from the president’s travel order which took aim at countries known to be state sponsors of terror (Iran, Libya, Somalia, Sudan, Syria, and Yemen).

DoJ’s request for stay:

DOJ Request for Stay: Trump Travel Order by Legal Insurrection on Scribd

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Tags: Immigration, Trump Immigration, US Supreme Court

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