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Original Date Announced
November 22, 2019EOIR issues guidance that the Asylum Eligibility and Procedural Modifications Rule will not be applied "where the individual may be an Al Otro Lado class member." In such cases, "the adjudicator should determine whether the individual approached a POE at the southern border, before July 16, 2019, to seek asylum but was not processed because of DHS’ metering policy" before applying the rule.
[ID #229]
Guidance from EOIR Office of General Counsel, sent Friday, November 22, 2019 EOIR Final Rule Asylum Eligibility and Procedural ModificationsEffective Date
November 22, 2019Subsequent Trump-Era and Court Action(s)
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July 24, 2019
2019.07.24 East Bay Sanctuary Covenant - Preliminary Injunction Decision
Judge Tigar of the Northern District of California issued a nationwide preliminary injunction on July 24, 2019 enjoining the interim final rule "Asylum Eligibility and Procedural Modifications" of July 16, 2019 from going into effect.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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August 16, 2019
2019.08.16 East Bay Sanctuary Covenant - Ninth Circuit Order
On August 16, 2019, the Ninth Circuit allowed the preliminary injunction to continue pending appeal, but only within the jurisdiction of the Ninth Circuit.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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September 9, 2019
2019.09.09 East Bay Sanctuary Covenant - Order Restoring Nationwide Injunction
On September 09, 2019, Judge Tigar entered an order restoring the nationwide injunction that had been stayed by the Ninth Circuit after considering supplemental evidence.
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September 11, 2019
2019.09.11 East Bay Sanctuary Covenant - SCOTUS Order
On September 11, 2019, the Supreme Court stayed the preliminary injunction pending full appeal in the Ninth Circuit.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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July 6, 2020
2020.07.06 East Bay Sanctuary Covenant - Ninth Circuit Order
On July 6, 2020, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction in East Bay Sanctuary Covenant v. Barr against the third-country asylum rule announced in July 2019 by the Department of Homeland Security (DHS).
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
September 2, 2021
2021.09.02 Al Otro Lado v. Mayorkas Summary Judgement Order
On September 2, 2021, the U.S. District Court for the Southern District of California issued a decision in Al Otro Lado v. Mayorkas declaring metering policies that turn back asylum seekers at the border unlawful. The court ordered the parties to submit supplemental briefing on remedies by October 1, 2021.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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August 5, 2022
2022.08.05 Al Otro Lado v. Mayorkas Remedies Opinion
On August 5, 2022, the U.S. District Court for the Southern District of California issued a remedies opinion in Al Otro Lado v. Mayorkas concluding that turning back asylum seekers constitutes an unlawful withholding of Defendants’ mandatory ministerial inspection and referral duties under 8 U.S.C. § 1158 and § 1225 in violation of both the Administrative Procedure Act and the Fifth Amendment Due Process Clause. The court held that Garland v. Aleman Gonzalez (Supreme Court, 2022) precluded it from entering an injunction against the metering policy, but granted class-wide declaratory relief.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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October 23, 2024
2024.10.23 Al Otro Lado v. EOIR, 120 F.4th 606 (9th Cir. 2024)
On October 23, 2024, the Ninth Circuit Court of Appeals affirmed in part and vacated in part the U.S. District Court for the Southern District of California's permanent injunction relating to the application of the "Asylum Transit Rule" to noncitizens turned away at US-Mexico border under "metering" policy. The Ninth Circuit affirmed the district court's holding that the metering policy violated § 706(1) of the Administrative Procedure Act (APA), but vacated the district court's entry of judgment for the Plaintiffs on their constitutional due process claim. The Court affirmed the district court's entry of class wide declaratory relief and the grant of negative injunctive relief, other than the requirement that the Government reopen or reconsider (or move to reopen or reconsider) past determinations on its own initiative.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Current Status
Not in effectOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
Pre Trump-Era Policies
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July 16, 2019
On July 16, 2019, DOJ and DHS announced an Interim Final Rule establishing a mandatory bar to asylum eligibility for individuals who transit through a third country and then enter or attempt to enter the U.S. across the southern border without having applied for protection in at least one of the third countries through which they transited.
Interim Final Rule re: Asylum Eligibility and Procedural Modifications
Documents
Trump-Era Policy Documents
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New Policy
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New Policy
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Prior Policy
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Subsequent Action
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Subsequent Action
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Subsequent Action
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Subsequent Action
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Subsequent Action
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Subsequent Action
Original Source:
Al Otro Lado v. Mayorkas Summary Judgement Order
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Subsequent Action
Original Source:
Al Otro Lado v. Mayorkas Remedies Opinion
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Subsequent Action
Original Source:
Al Otro Lado v. EOIR, 120 F.4th 606 (9th Cir. 2024)