On November 13, 2017, the 9th U.S. Circuit Court of Appeals in San Francisco issued an interim decision staying elements of the lower court’s preliminary injunction and thereby allowing President Trump’s September 24th travel ban (see our previous alert) to be partially implemented.
The Appeals Court’s decision allows, at least temporarily, the ban on entry to the U.S. of people from Iran, Libya, Syria, Yemen, Somalia and Chad who do not have a qualifying family or institutional connection to the U.S. Grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins in the U.S. constitute qualifying familial relationships. Formal documented relationships to a U.S.-based entity, such as a resettlement agency or university in the U.S., may also qualify to exempt individuals from the travel ban.
The U.S. 9th Circuit is scheduled to hear oral arguments on the case to block the ban on December 6th. An appeal to a similar injunction on the implementation of the travel ban is due to be heard by the 4th U.S. District Court of Appeals in Richmond, VA on December 8, 2017.