GRACE v. BARR

No. 19-5013.

965 F.3d 883 (2020)

GRACE, et al., Appellees v. William P. BARR, Attorney General of the United States, In His Official Capacity, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2020.


Attorney(s) appearing for the Case

Erez Reuveni , Assistant Director, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Susan Bennett Green , Senior Litigation Counsel, and Christina P. Greer , Trial Attorney.

Michael M. Hethmon was on the brief for amicus curiae Immigration Reform Law Institute in support of defendants-appellants.

Cody Wofsy , San Francisco, CA, argued the cause for appellees. With him on the brief were Jennifer Chang Newell , Katrina Eiland , Julie Veroff , Judy Rabinovitz , Omar C. Jadwat , New York, NY, Celso J. Perez , Eunice Lee , Washington, DC, Karen Musalo , Anne Dutton , Blaine Bookey , Sandra S. Park , Scott Michelman , Arthur B. Spitzer , Washington, DC, and Thomas Buser-Clancy .

Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, Loren L. AliKhan , Solicitor General, Caroline S. Van Zile , Deputy Solicitor General, and Lewis T. Preston , Assistant Attorney General, were on the brief for amici curiae The District of Columbia, et al. in support of appellees.

Elizabeth B. Wydra , San Francisco, CA, Brianne J. Gorod , and Brian R. Frazelle were on the brief for amici curiae Current Members of Congress and Bipartisan Former Members of Congress in support of plaintiffs-appellees.

Paul M. Thompson , Julie Carpenter , and Richard Caldarone were on the brief for amici curiae The Tahirih Justice Center, et al. in support of appellees and affirmance.

Derek T. Ho , Washington, DC, was on the brief for amici curiae Administrative Law Professors in support of plaintiffs-appellees.

Thomas K. Ragland , Washington, DC, was on the brief for amici curiae Immigration Law Professors in support of plaintiffs-appellees.

Alexander J. Kasner , Washington, DC, was on the brief for amicus curiae United Nations High Commissioner for Refugees in support of plaintiffs-appellees.

Dissenting opinion filed by Circuit Judge Henderson.


Twelve asylum seekers challenge a host of executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Pub. L. No. 104-208, 110 Stat. 3009-546 (codified as amended in scattered sections of 8 U.S.C.). Broadly speaking, the challenged...

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