Texas #Immigration Appeal: Clarifying Media Reports Implying Appeals Court Has Rejected DOJ Expedite Request

Some media outlets—CNN in particular—are implying through their reporting that the 5th Circuit Appeals Court today rejected the Obama Administration’s request to expedite review of the preliminary injunction entered by Judge Hanen against the President’s executive actions on deportations, DAPA and DACA expansion.

In fact the administration filed two (2) motions yesterday; an emergency motion to stay Judge Hanen’s injunction pending appeal; and a motion to expedite or fast track the appeal itself.  Today the Court of Appeals gave Texas and the other 25 states until March 23, 2015 to respond to both motions.  What the court did not do was direct the states to respond to the administration’s motion to lift Judge Hanen’s injunction within 7 days—as the DOJ had requested in its brief.  The Court of Appeals gave the states until March 23, 2015 to respond; three (3) more days than the DOJ had requested.

That’s hardly the dramatic rejection of the Administration’s expedite request that some outlets are reporting; especially since the DOJ motion to expedite the appeal was filed yesterday and is awaiting a response from the states. It is incorrect to suggest (or imply) that these procedural developments are a rejection of the administration’s request for expedited review of its appeal of Judge Hanen’s order. Nor does it say anything about how the court of appeals views the case or how it will ultimately rule on the motion to lift the injunction or on the merits of the case.

More importantly, the DOJ motions filed yesterday make an extremely compelling argument that Judge Hanen got it wrong and should be reversed.

About David Leopold
Past President American Immigration Lawyers Association (AILA), In-the-Trenches practicing immigration Attorney, Blogger, Activist, Photographer, Educator, World Traveler. All opinions are my own.

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