2/13/2017 Immigration Executive Order Update


On Thursday, February 9, 2017, a three person panel of the 9th Circuit Court of Appeals upheld Judge James Robart’s (Western District of Washington) temporary restraining order against President Trump’s Executive Order # 13769, popularly known as the Muslim Ban.

On Friday, February 10, 2016, a judge on the 9th Circuit made a sua sponte request that the Court vote as to whether there should be an en banc rehearing on the 3 judge panel decision.

Briefs are to be filed by all of the parties by Thursday, February 16th, at 2:00 p.m. (e.s.t.)

According to a press brief released by the court, “[i]f a majority of the active, non-recused judges vote in favor of rehearing en banc, then the case is reheard by the en banc court. If the vote succeeds, the en banc court assumes control over the case. Ordinarily, oral argument will be scheduled before the en banc court at a time set by the Chief Judge. A decision is issued some time after the judges confer on the case. The en banc court consists of the Chief Judge, and ten non-recused judges who are randomly drawn. Senior judges are not eligible to serve on the en banc court, unless they served on the three judge panel.”

About Lisa Smith-Butler

Associate Professor of Law Charleston School of Law 385 Meeting St., Suite 322B Charleston, S.C. 29403 843.377.2144
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