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Appeals court sides with Trump administration on asylum rule, limits injunction
Fox News ^ | August 16, 2019 | Adam Shaw, Bill Mears

Posted on 08/16/2019 10:20:04 AM PDT by jazusamo

A federal appeals court sided with the Trump administration on Friday in the legal battle over its efforts to limit asylum claims from Central America – blocking, for now, a nationwide injunction that blocked the implementation of the rule.

Last month a California federal judge blocked the rule that would require migrants to first apply in one of the countries they cross on their way to the U.S. – with certain exceptions. The rule is tailored to target Central Americans from the Northern Triangle of Guatemala, El Salvador and Honduras who would travel across multiple countries, including Mexico, before claiming asylum in the U.S.

But the San Francisco federal appeals court for the 9th Circuit on Friday ruled that the injunction imposed by the California federal judge can only apply in states within the court’s jurisdiction in the western U.S. The ruling says that the court failed to discuss why a nationwide injunction was necessary to remedy the harm alleged by those immigration advocacy groups named in the lawsuit.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: 9thcircuit; 9thcircuitcourt; asylum; centralamerica; elsalvador; guatemala; honduras; illegalaliens; migrants; nationwideinjunction; presidenttrump; trump; trumpasylum
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Good news that the 9th Circuit Court is reining in a District judge.
1 posted on 08/16/2019 10:20:04 AM PDT by jazusamo
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To: jazusamo

I’m sure Nads will shop this to another court.


2 posted on 08/16/2019 10:25:49 AM PDT by EQAndyBuzz (Trump is President and CEO of America, Inc.)
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To: jazusamo
That's more than good. The 9th? Much more of that and I'm going to have to peel off my bumper sticker: "Repeal the 9th Circus Court of Appeals!"
3 posted on 08/16/2019 10:26:39 AM PDT by LouAvul
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To: jazusamo

Winning! PDJT is filling all the federal judge vacancies, ~148 or so. Remember, it was the ‘RATS who started watering down the filibuster rule in the Senate.


4 posted on 08/16/2019 10:27:22 AM PDT by twister881
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To: LouAvul

Bump! :^)


5 posted on 08/16/2019 10:29:32 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

There are 23 VACANT 9th Circuit District Court Judgeships and two 9th Circuit Court of Appeals Judgeships that can be filled. Let’s encourage the Republican Senate and President Trump to get ALL of them filled ASAP.

Lindsey Graham should get rid of the BLUE SLIP VETO that allows a single DemocRAT Senator to stop any of Trump’s District Court nominees they want to stop. GET BUSY, LINDSEY.


6 posted on 08/16/2019 10:31:23 AM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: House Atreides

I couldn’t agree more.


7 posted on 08/16/2019 10:35:00 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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That puts a small wrinkle in our right to have the entire executive branch ruled by single judges open to kickbacks


8 posted on 08/16/2019 10:36:44 AM PDT by dsrtsage (For Leftists, World History starts every day at breakfast)
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To: All

Since when do courts decide how executive branch implements law?

Are USAians really this stupid?


9 posted on 08/16/2019 10:37:39 AM PDT by veracious (UN=OIC=Islam ; USAgov may be radically changed, just amend USConstitution)
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10 posted on 08/16/2019 10:38:19 AM PDT by Enterprise
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To: jazusamo

This is huge, because they placed a self imposed limit to their own powers. Rulings should now only affect the local district where they were elected to and they were issued. The people of a different district should have the ability to have full representation of their own district without meddling and rulings imposed on them from other districts.

Pretty sure this is the line they crossed long ago that made these all these nation wide injunctions unconstitutional?


11 posted on 08/16/2019 10:40:11 AM PDT by Openurmind
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To: House Atreides

“Let’s encourage the Republican Senate and President Trump to get ALL of them (judicial vacancies) filled ASAP.”

Since the Senate Republicans (Mitch McConnell) invoked the “nuclear option” early this year, they have been approving about one judge per workday.

They are roughly on pace to fill the remaining vacancies by the end of the year. After that, they will just be replacing new vacancies as they occur. They are on the job.


12 posted on 08/16/2019 10:40:49 AM PDT by BeauBo
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MAGA!

Support Free Republic Folks, Donate Today!

Please bump the Freepathon or click above to donate or become a monthly donor!

13 posted on 08/16/2019 10:40:59 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: House Atreides

“Lindsey Graham should get rid of the BLUE SLIP VETO that allows a single DemocRAT Senator to stop any of Trump’s District Court nominees they want to stop. GET BUSY, LINDSEY.”

I think the last several were indeed put through even though there were blue slips. Feinstein is livid over it.


14 posted on 08/16/2019 10:42:51 AM PDT by Openurmind
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To: jazusamo

——the injunction imposed by the California federal judge can only apply in states within the court’s jurisdiction in the western U.S-—

Which I interpret to mean California and Arizona are still subject to the injunction. Immigrants claiming asylum oin Califirnia will still get it. Califirnia will be required to take all comers.

There is no california border


15 posted on 08/16/2019 10:45:20 AM PDT by bert ( (KE. NP. N.btyC. +12) Progressives are existential American enemies)
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To: Openurmind

“Lindsey Graham should get rid of the BLUE SLIP VETO that allows a single DemocRAT Senator to stop any of Trump’s District Court nominees they want to stop. GET BUSY, LINDSEY.”
.......................................
I think the last several were indeed put through even though there were blue slips. Feinstein is livid over it.
*******************************
Yes but I believe those were Appeals Court Judgeships (for which the Blue Slip process was eliminated by the previous Judicial Committee Chairman before Graham). Graham needs to eliminate it for District Court Judgeships also; there are lots of vacancies at that level.


16 posted on 08/16/2019 10:48:20 AM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: bert

Yep, this ruling should restrict these idiot district judges in making nationwide injunctions.


17 posted on 08/16/2019 10:50:35 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

My point was that all the Freeper rejoicing was unjustified. It was not actually winning. California ia perhaps the largest hole in the border and it is not plugged yet


18 posted on 08/16/2019 10:52:36 AM PDT by bert ( (KE. NP. N.btyC. +12) Progressives are existential American enemies)
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To: jazusamo

Yeah, and that they’re limiting it to states under the 9th’s jurisdiction. Maybe Trump’s jawboning is having an impact on the courts


19 posted on 08/16/2019 10:53:52 AM PDT by be-baw
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To: jazusamo

All refugees will now make a beeline for San Diego.


20 posted on 08/16/2019 10:54:45 AM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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