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DOE v. BIDEN

No. 19-36020.

2 F.4th 1284 (2021)

John DOE #1; Juan Ramon Morales; Jane Doe, # 2; Iris Angelina Castro; Blake Doe; Brenda Villarruel; Latino Network; Jane Doe, # 3; Gabino Soriano Castellanos, Plaintiffs-Appellees, v. Joseph R. BIDEN, Jr., in his official capacity as President of the United States; U.S. Department of Homeland Security; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; U.S. Department of Health & Human Services; Xavier Becerra, Secretary of Health and Human Services; U.S. Department of State; Antony J. Blinken, Secretary of State, in his official capacity; United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2021.

Attorney(s) appearing for the Case

Kevin M. Fee , Scott D. Stein , and Tacy Fletcher Flint , Sidley Austin LLP, Chicago, Illinois; Naomi A. Igra , Sidley Austin LLP, San Francisco, California; John L. Gibbons , Sidley Austin LLP, Washington, D.C.; Stephen W. Manning and Tess Hellgren , Innovation Law Lab, Portland, Oregon; Jesse Bless , American Immigration Lawyers Association, Washington, D.C.; Karen C. Tumlin and Esther H. Sung , Justice Action Center, Los Angeles, California; for Plaintiffs-Appellees.

Brian M. Boynton , Acting Assistant Attorney General, August E. Flentje , Special Counsel; William C. Peachey , Director; Brian C. Ward , Senior Litigation Counsel; Courtney E. Moran , Trial Attorney; Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Before: A. Wallace Tashima, Jay S. Bybee, and Daniel P. Collins, Circuit Judges.

ORDER

Plaintiffs-Appellees' Motion to Vacate Panel Opinion (Dkt. 96) is GRANTED in part. The panel opinion published at 984 F.3d 848 (9th Cir. 2020) is VACATED. The matter is REMANDED to the district court with instructions "to vacate as moot the [November 26, 2019] order granting a preliminary injunction." See Mayorkas v. Innovation Law Lab, 594 U.S. ___, ___ S.Ct. ___, ___ L.Ed.2d ___, 2021 WL 2520313, at *1 (June...

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