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AILA Doc. No. 20040830 | Dated April 28, 2020 | File Size: 1076 K
Download the DocumentThe district judge denied the motion for a temporary restraining order. (NIPNLG et al., v. EOIR et al., 4/28/20)
The opinion stated, “Plaintiffs are unlikely to succeed on the merits of their claims. The Individual Plaintiffs and the Organizational Plaintiffs have failed to establish that the Court has jurisdiction over their claims, both because they are unlikely to suffer imminent injury as a result of the challenged policies and because the jurisdiction-channeling provisions of the Immigration and Nationality Act (INA) preclude them from pursuing their access-to-counsel and due process claims in this forum. And even if this Court had jurisdiction, Plaintiffs are unlikely to succeed on the merits. Plaintiffs have not pointed to EOIR and ICE actions that are reviewable under the APA, and, perhaps most important, they also have not demonstrated that EOIR’s and ICE’s actions are arbitrary and capricious given the rapidly changing situation relating to the COVID-19 pandemic."
Plaintiffs submitted a reply supplemental brief in support of emergency motion for temporary restraining order.
DOJ submitted a response to plaintiff's supplemental brief in support of their emergency motion for temporary restraining order.
The National Association of Immigration Judges submitted an amicus brief in support of neither party.
Plantiffs submitted a reply memorandum of law in further support of their emergency motion for temporary restraining order.
DOJ submitted a memorandum of law opposing the plaintiffs' motion for temporary restraining order.
Former federal immigration judges and members of the Board of Immigration Appeals submitted an amicus brief in support of the motion for an emergency order.
AILA, the Immigration Justice Campaign, the NIPNLG, and several detained individuals filed an emergency TRO challenging EOIR’s operation of in-person immigration court hearings and ICE’s conditions of confinement during the COVID-19 pandemic. (NIPNLG et al., v. EOIR et al., 4/8/20)
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Cite as AILA Doc. No. 20040830.
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