In separate proceedings, two federal appeals courts announced recently that they would fast-track appeals of lower-court decisions to temporarily bar implementation of the executive order titled “Protecting the Nation from Foreign Terrorist Entry into the United States,” signed by President Donald Trump on March 6, 2017.
The US Court of Appeals for the Fourth Circuit announced on April 10, 2017, that it would conduct a full bench hearing of the lower court’s decision. The en banc hearing before 15 Fourth Circuit judges is scheduled for May 8, 2017, in Richmond, Virginia, and bypasses a customary three-judge review of a lower court decision.
The court will review the March 15, 2017, decision of a US District Court judge in the District of Maryland, who issued a nationwide preliminary injunction partially blocking implementation of the executive order, which was scheduled to be implemented on Thursday, March 16, 2017.
In response to the plaintiffs’ motion in International Refugee Assistance Project, et al., vs. Donald J. Trump, et. al., US District Court Judge Theodore D. Chuang issued a 43-page decision enjoining, nationwide, Section 2 of the executive order. Section 2 would temporarily suspend, for 90 days, the entry into the United States of certain nationals of six countries: Iran, Libya, Somalia, Sudan, Syria and Yemen.
In addition, the US Court of Appeals for the Ninth Circuit announced on April 3, 2017, that it would hear on an expedited basis an appeal of a decision of a US District Court judge in the District of Hawaii. In the matter titled State of Hawaii et al v. Donald Trump et al., US District Court Judge Derrick Watson issued a temporary restraining order enjoining, nationwide, Sections 2 and 6 of the executive order. Section 6 of the executive order would realign the US Refugee Admissions Program (USRAP), including the temporary suspension, for 120 days, of travel by refugees into the United States under USRAP.