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In response to
"The ruling from the 3-judge panel of the 9th Circuit is unanimous. All against the ban -- (link)"
by
amoxy
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also refused to limit stay to only citizens/permanent residents apparently
Posted by
ty97
Feb 9 '17, 15:30
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First, we decline to limit the scope of the TRO to lawful
permanent residents and the additional category more
recently suggested by the Government, in its reply
memorandum, “previously admitted aliens who are
temporarily abroad now or who wish to travel and return to
the United States in the future.” That limitation on its face
omits aliens who are in the United States unlawfully, and
those individuals have due process rights as well. Zadvydas,
533 U.S. at 693. That would also omit claims by citizens
who have an interest in specific non-citizens’ ability to travel
to the United States. See Din, 135 S. Ct. at 2139 (Kennedy,
J., concurring in judgment); id. at 2142 (Breyer, J.,
dissenting) (six Justices declining to adopt a rule that would
categorically bar U.S. citizens from asserting cognizable
liberty interests in the receipt of visas by alien spouses).
There might be persons covered by the TRO who do not
have viable due process claims, but the Government’s
proposed revision leaves out at least some who do.
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