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The Supreme Court on Monday granted certiorari in Noem v. Al Otro Lado to review whether a noncitizen stopped on the Mexico side of the U.S.-Mexico border has arrived in the United States within the meaning of the Immigration and Nationality Act and is therefore eligible to apply for asylum. (WaPo.)
The Justice Department on Sunday filed an emergency motion in the Ninth Circuit seeking a stay of a Nov. 7 permanent injunction issued by Judge Karin Immergut (D. Or.) that barred the federalization and deployment of any state’s National Guard to Portland. (Emergency Motion.) See a previous Roundup for background.
Judge Mae A. D’Agostino (N.D.N.Y.) on Monday dismissed the Justice Department’s lawsuit challenging a New York law and two executive orders that limit civil immigration arrests in and around courthouses and restrict state and local authorities from assisting federal civil immigration enforcement. (Memorandum Decision and Order.)
Judge Michael S. Nachmanoff (E.D. Va.) on Monday granted in part the government’s emergency motion to stay Magistrate Judge Wiliam E. Fitzpatrick’s order directing the production of grand jury materials to James Comey’s defense and ordered the government to file any objections to Judge Fitzpatrick’s order by 5:00 p.m. on Nov. 19. (Order.) (ABC News.) See yesterday’s Roundup for background on Judge Fitzpatrick’s order.
Judge Sparkle L. Sooknanan (D.D.C.) on Monday denied plaintiffs’ motion to stay the Department of Homeland Security’s overhaul of the Systematic Alien Verification for Entitlements (SAVE) system, stating that “the Court is troubled by the recent changes to SAVE and doubts the lawfulness of the Government’s actions,” but concluding that the plaintiffs failed to show irreparable injury. (Opinion.)
New York Attorney General Letitia James on Monday moved to dismiss her indictment for “outrageous government conduct” in violation of the Fifth Amendment Due Process Clause. (Motion to dismiss.) James also filed a motion for the court to order the government to disclose certain grand jury records. (Motion for disclosure.)
The Trump administration on Monday filed a lawsuit against California in the U.S. District Court for the Central District of California challenging two new state laws that prohibit federal agents from wearing masks and require plainclothes federal agents to visibly display identification when conducting operations in the state. (Complaint.) (Politico.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12.
Trump v. Illinois: The government filed an emergency application on October 17 requesting the Supreme Court stay a district court order barring the deployment of the National Guard to Illinois. Justice Barrett formally set a deadline of October 20 for a response to the application. Illinois and the City of Chicago submitted a response on October 20. President Trump filed a reply on October 21. On October 29, Justice Barrett requested supplemental briefs to be filed by November 10. President Trump, as well as Illinois and the City of Chicago, both filed supplemental letter briefs on November 10 and supplemental letter replies on November 17.