WASHINGTON — A federal appeals court denied the government’s request to allow it to enforce President Trump’s travel and refugee ban executive order while the case challenging the ban makes its way through the courts.
“[T]he Government has failed to establish that it will likely succeed on its due process argument in this appeal,” the US Court of Appeals for the Ninth Circuit ruled in a unanimous, unsigned opinion.
Additionally, the court held, “The Government has not shown that a stay is necessary to avoid irreparable injury.”
Failing to meet either of those standards, the three-judge panel ruled that US District Judge James Robart’s Feb. 3 order halting enforcement of major parts of the ban would remain in place.
The Justice Department now could seek a stay of Robart’s order, a move that would start with a request made to Justice Anthony Kennedy, who could then refer the matter to the full court.
Robart’s decision had led the federal government to begin allowing travel from the seven affected majority-Muslim countries and allowing the refugee program to continue.
The Justice Department quickly filed a request with Ninth Circuit, asking the trial court’s order to be stayed, or put on hold, while the merits of the case could be hashed out in court. The appeals court heard arguments over the government’s request on Feb. 7. The three judge panel was skeptical of the government’s request, with one judge from the panel also expressing skepticism of the broad scope of Robart’s order.
BREAKING: Ninth Circuit Court of Appeals Keeps Trump’s Travel Ban On Hold, Keeping Door Open For Visa Holders And Refugees
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