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Appeals court ruled: Trump Immigration Executive order remains invalid

Appeals court ruled: Trump Immigration Executive order remains invalid

Lufthansa, Qatar Airways, Etihad Airways and other airlines are now accepting passengers for travel to the USA from Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia. 60,000 cancelled U,S, visas are now re-instated – for the time being.

However,  it’s not over, but at this time the executive order issued by US President Trump to ban travel to the United States of America remains invalid. US President Trump has been overruled by the Ninth Circuit Court of Appeals in the State of Washington.

The Ninth United States Circuit Court of Appeals has denied an immediate emergency motion requesting a stay of the injunction blocking enforcement of President Donald Trump’s nationwide travel ban.

What this means is that the ruling by US District Court Judge James Robart suspending the ban will remain in place — for now.
Earlier President Trump filed this emergency motion to get the executive order back in place.

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF WASHINGTON, et al., Plaintiffs-Appellees, v. DONALD TRUMP, President of the United States, et al. Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON EMERGENCY MOTION UNDER CIRCUIT RULE 27-3 FOR ADMINISTRATIVE STAY AND MOTION FOR STAY PENDING APPEAL

The attorneys for the parties Counsel for Appellants Donald Trump, et al. Noel J. Francisco Chad A. Readler (Chad.A.Readler@usdoj.gov) August E. Flentje Douglas N. Letter (Douglas.Letter@usdoj.gov) Sharon Swingle (Sharon.Swingle@usdoj.gov) H. Thomas Byron (H.Thomas.Byron@usdoj.gov) Lowell V. Sturgill Jr. (Lowell.Sturgill@usdoj.gov) Attorneys, Appellate Staff Civil Division, Room 7241 U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 (202) 514-3427

vs.

Counsel for Appellees For State of Washington: Colleen N. Melody (Coleenm1@atg.WA.Gov) Noah Guzzo Purcell (Noahp@atg.Wa.Gov) Anne Elizabeth Egeler (Annee1@atg.Wa.Gov) Patricio A. Marquez (Patriciom@atg.Wa.Gov) Marsha J. Chien (Marshac@atg.Wa.Gov) Office of the Attorney General 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-7744

Facts showing the existence and nature of the emergency As set forth more fully in the motion, the district court has entered a nationwide injunction barring enforcement of provisions of an Executive Order issued pursuant to constitutional and statutory authority to address national security concerns, which is imposing irreparable harm on the defendants and the general public.

The injunction contravenes the constitutional separation of powers; harms the public by thwarting enforcement of an Executive Order issued by the nation’s elected representative responsible for immigration matters and foreign affairs; and second-guesses the President’s national security judgment about the quantum of risk posed by the admission of certain classes of aliens and the best means of minimizing that risk.

(3) When and how counsel notified The undersigned counsel notified counsel for the plaintiffs by email on February 4, 2017, of the defendants’ intent to file this motion. Service will be effected by electronic service through the CM/ECF system.

Submissions to the district court:

The defendants requested a stay from the district court on February 3, 2017, which the district court orally denied.

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