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INNOVATION LAW LAB v. WOLF

No. 19-15716.

951 F.3d 986 (2020)

INNOVATION LAW LAB; Central American Resource Center of Northern California; Centro Legal De La Raza; University of San Francisco School of Law Immigration and Deportation Defense Clinic; Al Otro Lado; Tahirih Justice Center, Plaintiffs-Appellees, v. Chad F. WOLF, Acting Secretary of Homeland Security, in his official capacity; U.S. Department of Homeland Security; Kenneth T. Cuccinelli, Acting Director, U.S. Citizenship and Immigration Services, in his official capacity; Andrew Davidson, Acting Chief of Asylum Division, U.S. Citizenship and Immigration Services, in his official capacity; United States Citizenship and Immigration Services; Todd C. Owen, Executive Assistant Commissioner, Office of Field Operations, U.S. Customs and Border Protection, in his official capacity; U.S. Customs and Border Protection; Matthew T. Albence, Acting Director, U.S. Immigration and Customs Enforcement, in his official capacity; U.S. Immigration and Customs Enforcement, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

FILED March 4, 2020.

Attorney(s) appearing for the Case

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

Judy Rabinovitz , Michael Tan , Omar Jadwat , Lee Gelernt , Anand Balakrishnan , Daniel Galindo , and Celso Javier Perez , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, New York; Katrina Eiland , Cody Wofsy , and Julie Veroff , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, California; Melissa Crow , Southern Poverty Law Center, Washington, D.C.; Gracie Willis , Southern Poverty Law Center, Decatur, Georgia; Sean Riordan , American Civil Liberties Union Foundation of Northern California Inc., San Francisco, California; Blaine Bookey , Karen Musalo , Kathryn Jastram , Sayoni Maitra , and Anne Peterson , Center for Gender and Refugee Studies, San Francisco, California; Steven Watt , ACLU Foundation Human Rights Program, New York, New York; for Plaintiffs-Appellees.

Order; Partial Concurrence and Partial Dissent by Judge Fernandez.

ORDER

This court issued its opinion in Innovation Law Lab v. Wolf, No. 19-15716, on Friday, February 28, 2020, affirming the district court's injunction against implementation and expansion of the Migrant Protection Protocols ("MPP"). That same day, the Government filed an emergency motion requesting either a stay pending disposition of a petition for certiorari to the Supreme Court or an immediate administrative stay. That evening, we granted an administrative...

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