Intl. Refugee Assistance v. Donald J. Trump (2018)

But see Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 262-63 (4th Cir.) (en banc) (holding that a facial challenge to the constitutionality of an executive order was ripe, regardless of the availability of discretionary, case-by-case waivers), vacated on other grounds, 138 S. Ct. 2710 (2018) (mem.).

In response to questions about those videos, the President’s deputy press secretary denied that the President thinks Muslims are a threat to the United States, explaining that “the President has been talking about these security issues for years now, from the campaign trail to the White House” and “has addressed these issues with the travel order that he issued earlier this year and the companion proclamation.” IRAP v. Trump, 883 F. 3d 233, 267 (CA4 2018).

By contrast, adopting either of CCHS’s statutory defenses – the only course that would allow us to skirt a constitutional ruling – would carry “wide-ranging and unpredictable consequences.” See Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 352 (4th Cir. 2018) (en banc) (Harris, J., concurring), cert. granted, vacated, and remanded on other grounds, 138 S. Ct. 2710 (2018). 19 USCA4 Appeal: 22-1440 Doc: 123 Filed: 05/08/2024 Pg: 20 of 37 As the district court recogn…

“The Supreme Court has held that the irreparable harm must be ‘likely,’ not merely possible.” Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 270 (4th Cir.) (quoting Winter, 555 U.S. at 22 ), vacated on other grounds, 585 U.S. 1028 (2018).

See 5 U.S.C. § 702 (“Nothing herein . . . affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground[.]”); Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 366 (4th Cir. 2018) (Niemeyer, J., dissenting) (“§ 702(1)’s recognition of ‘other limitations’ on the scope of APA review reflects Congress’s intent to maintain longstanding prudential limits confining the j…

See Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 258 (4th Cir. 2018) (“[T]he same injury can provide Plaintiffs with standing for multiple claims.”), rev’d on other grounds, 138 S.Ct. 2710 (2018).

IRAP I , 265 F.Supp.3d at 603; see also Hawaii I , 878 F.3d at 681-82 (concluding that the plaintiffs fell within the zone of interests protected by the INA); IRAP II , 883 F.3d at 286 (Gregory, C.J., concurring); id. at 310 (Keenan, J., concurring).

Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 256 (4th Cir. 2018) (citing WV Ass’n ot Club Owners & Fraternal Servs., Inc. v. Musgrave, 553 F.3d 292, 298 (4th Cir. 2009) (citing Winter, 555 U.S. at 7 )).

Refugee Assistance Project v. Trump, 883 F.3d 233, 256 (citing WV Ass’n of Club Owners & Fraternal Servs., inc. v. Musgrave, 553 F.3d 292, 298 (4th Cir. 2009) (in turn citing Winter, 555 U.S. at 7 )).

The second is that “the action must be one by which rights or obligations have been determined or from which legal consequences will flow.” Id. (quoting Bennett, 520 U.S. at 178 (citation and quotation marks omitted) (emphasis added)).15 Stated differently, “[t]he core question is whether the agency has completed its decisionmaking process, and whether the result of that process is one that will directly affect the parties.” Franklin v. Massachusetts, 505 U.S. 788, 797 (1992…

At bottom, the Court finds that Plaintiffs have not succeeded in making that showing and for that reason will deny Plaintiffs’ Motion. “[I]rreparable harm occurs when the threatened injury impairs the court’s ability to grant an effective remedy.” Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 270 (4th Cir. 2018), vacated on other grounds, 138 S.Ct. 2710 (2018).

But this “is a rule of prudence, not an absolute command.” Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 351 (4th Cir. 2018) (Harris, J., concurring) (citations omitted), vacated on other grounds, 138 S. Ct. 2710 (2018); see also Trump v. Hawaii, 138 S. Ct. 2392, 2434 (2018) (Sotomayor, J., dissenting) (“That rule of thumb is far from categorical, and it has limited application where, as here, the constitutional question proves far simpler than the statutory one.”…

Id. at 264 ("The President's own words-publicly stating a constitutionally impermissible reason for the Proclamation-distinguish this case from those in which courts have found that the Government had satisfied Mandel 's 'bona fide' prong.").

Int'l Refugee Assistance Project v. Trump , 883 F.3d 233 , 270 (4th Cir. 2018) ("[I]rreparable harm occurs when the threatened injury impairs the court's ability to grant an effective remedy."); In re Microsoft Corp., 333 F.3d at 525 ("The traditional office of a preliminary injunction is to protect the status quo and to prevent irreparable harm during the pendency of a lawsuit ultimately to preserve *235 the court's ability to render a meaningful judgment on the merits.").

See, e.g., Int’l Refugee Assistance Project v. Trump, 883 F.3d 233 (4th Cir. 2018) (affirming the district court’s grant of a preliminary injunction despite the Supreme Court’s grant of a writ of certiorari on the same issues). 33 1.

See Int’l Refugee Assistance Project v. Trump, 883 F.3d 233 (4th Cir. 2018), cert. granted, judgment vacated, 138 S. Ct. 2710 (2018); Int’l Refugee Assistance Project v. Trump, 857 F.3d 554 (4th Cir. 2017), vacated and remanded, 138 S. Ct. 353 (2017).

See Moss , 683 F.3d at 607 ; see also Int'l Refugee Assistance Project v. Trump , 883 F.3d 233 , 258-59 (4th Cir. 2018), vacated on other grounds , --- U.S. ----, 138 S.Ct. 2710 , 201 L.Ed.2d 1094 (2018) (collecting cases).

See Hawaii v. Trump , 878 F.3d 662 , 701-03 (9th Cir. 2017) (narrowing the scope of an injunction to "give relief only to those with a credible bona fide relationship with the United States, pursuant to the Supreme Court's decision in IRAP "); see also IRAP v.Trump , 883 F.3d 233 , 273-74 (4th Cir. 2018), as amended (Feb. 28, 2018); Doe v. Trump , No. 17-0178, 288 F.Supp.3d 1045 , 1085-86, 2017 WL 6551491 , at *26 (W.D.

Accord Int'l Refugee Assistance Project v. Trump , 883 F.3d 233 , 264, 2018 WL 894413 , at *13 (4th Cir. 2018) ("In the extraordinary case before us, resolution of that question [regarding pretext] presents little difficulty.

See also Int’l Refugee Assistance Project v Trump, 883 F3d 233, 293 (CA 4, 2018) (Gregory, C.J., concurring) (“When broad power is delegated with few or no constraints, the risk of an unconstitutional delegation is at its peak. . . .

ECF No. 6 ¶¶ 47–48, 59–61; see Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 320 (4th Cir. 2018), vacated on other grounds, 138 S.Ct. 2710 (2018) (stating that “[p]rolonged and indefinite separation of parents, children, siblings, and partners create not only temporary feelings of anxiety but also lasting strains on the most basic human relationships” and therefore constitutes irreparable harm); Leiva-Perez v. Holder, 640 F.3d 962 , 969–70 (9th Cir. 2011) (stating…

See IRAP I, 883 F.3d at 364 (Niemeyer, J., dissenting) (“[R]ather than determining from the face of the Proclamation whether the reasons given for the entry restrictions were legitimate and bona fide, which would preclude a look behind it for extrinsic evidence of bad faith, the court looked behind it first to conclude that the Proclamation was not bona fide.”) (internal punctuation omitted), judgment vacated by Int’l Refugee Assistance Project v. Trump, ____ U.S. ____, 138 …

Council, Inc. 555 U.S. 7, 20 (2008); see also 2 Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 255-56 (4th Cir. 2018), as amended (Feb. 28, 2018).

Council, Inc. 555 U.S. 7, 20 (2008); see also Int’l Refugee Assistance Project v. Trump, 883 F.3d 233, 255-56 (4th Cir. 2018), as amended (Feb. 28, 2018).

See Hawaii v. Trump, 878 F.3d 662 , 701–03 (9th Cir. 2017) (narrowing the scope of an injunction to “give relief only to those with a credible bona fide relationship with the United States, pursuant to the Supreme Court’s decision in IRAP”); see also IRAP v. Trump, 883 F.3d 233 , 273–74 (4th Cir. 2018), as amended (Feb. 28, 2018); Doe v. Trump, No. 17-0178, 2017 WL 6551491 , at *26 (W.D.

See Int'l Refugee Assistance Project v. Trump , 883 F.3d 233 , 289-96 (4th Cir. 2018) (Gregory, C.J., concurring).