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East Bay Sanctuary Covenant v. Barr, Case 3:19-cv-04073-JST Document 42 Filed 07/24/19
"Nationwide Injunction The government’s arguments against a nationwide injunction likewise travel well-trod ground. ECF No. 28 at 33-34. But the Ninth Circuit has “consistently recognized the authority of district courts to enjoin unlawful policies on a universal basis.” E. Bay II, 909 F.3d at 1255 (collecting cases). While the government disagrees with that ruling, it provides no contrary authority from the immigration context and “no grounds on which to distinguish this case from [the Ninth Circuit’s] uncontroverted line of precedent.” Id. at 1256. CONCLUSION For the foregoing reasons, the Organizations’ motion for preliminary injunction is granted. Defendants are hereby ORDERED AND ENJOINED, pending final judgment herein or further order of the Court, from taking any action continuing to implement the Rule and ORDERED to return to the pre-Rule practices for processing asylum applications. The Court sets this matter for a case management conference on October 21, 2019 at 2:00 p.m. A joint case management statement is due by October 11, 2019. IT IS SO ORDERED."