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Immigration Law

Dec. 16, 2020 EOIR Final Rule Enjoined Nationwide

Centro Legal De La Raza v. EOIR

"On December 16, 2020, the Department of Justice and the Executive Office of Immigration Review, an agency within DOJ, issued a final rule that made sweeping changes to the procedures and regulations governing immigration courts in this country. Appellate Procedure and Decisional Finality in Immigration Proceedings; Administrative Closure, 85 Fed. Reg. 81,588 (Dec. 16, 2020) (“the Rule”). ... IT IS HEREBY ORDERED that: 1. Pending final adjudication of this matter, Defendants Executive Office for Immigration Review; James A. McHenry, in his official capacity under the title of Director, Executive Office for Immigration Review; United States Department of Justice; and Monty Wilkinson, in his official capacity as Acting United States Attorney General, and all persons acting under their direction, ARE ENJOINED from Implementing or enforcing the Rule or any portion thereof. 2. Pending final adjudication of this matter, the effectiveness of the Rule IS STAYED. 3. This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of this Court."