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EAST BAY SANCTUARY COVENANT v. TRUMP

No. 18-17274.

932 F.3d 742 (2018)

EAST BAY SANCTUARY COVENANT; Al Otro Lado; Innovation Law Lab; Central American Resource Center, Plaintiffs-Appellees, v. Donald J. TRUMP, President of the United States; Matthew G. Whitaker, Acting Attorney General; James McHenry, Director, Executive Office for Immigration Review (EOIR); Kirstjen Nielsen, Secretary, U.S. Department of Homeland Security; Lee Francis Cissna, Director, U.S. Citizenship and Immigration Services; Kevin K. McAleenan, Commissioner, U.S. Customs and Border Protection; Ronald Vitiello, Acting Director, U.S. Immigration and Customs Enforcement, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2018.

Attorney(s) appearing for the Case

Erez Ruveni , Assistant Director; Benton York, Christina Greer , Kathryne Gray , Francesco Genova , and Joseph A. Darrow , Trial Attorneys; Patrick Glen , Senior Litigation Counsel; William C. Peachey , Director; August E. Flentje , Special Counsel; Scott G. Stewart , Deputy Assistant Attorney General; Joseph H. Hunt , Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice; for Defendants-Appellants.

Lee Gelernt , Judy Rabinovitz , Omar C. Jadwat , and Celso Perez , American Civil Liberties Union Foundation Immigrants' Rights Project, New York, New York; Julie Veroff , Spencer Amdur , Cody Wofsy , and Jennifer Chang Newell , American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, California; Melissa Crow , Southern Poverty Law Center, Washington, D.C.; Ghita Schwartz , Angelo Guisado , and Baher Azmy , Center for Constitutional Rights, New York, New York; Mary Bauer , Southern Poverty Law Center, Charlottesville, Virginia; Vasudha Talla and Christine P. Sun , American Civil Liberties Union Foundation of Northern California Inc., San Francisco, California; for Plaintiffs-Appellees.

Order by Judge Bybee; Partial Dissent by Judge Leavy.

ORDER

The motions panel's order dated December 7, 2018, and published at 909 F.3d 1219, is withdrawn from the Federal Reporter, as it erroneously omitted Judge Leavy's dissent. The superseding order, which includes the dissent and contains no other changes, shall be filed concurrently herewith.

ORDER

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