Order to Show Cause Regarding Stay — East Bay Sanctuary Covenant v. Barr (N.D. Cal.)

Summary

An Order to Show Cause Regarding Stay dated December 13, 2023, filed as Document 160 in East Bay Sanctuary Covenant, et al. v. William Barr, et al., Case No. 19-cv-04073-JST, in the U.S. District Court for the Northern District of California. The order recounts that Plaintiffs filed a complaint on July 16, 2019 challenging an interim final rule and final rule, and that on June 24, 2022, the court granted the parties' request for a stay pending completion of the government's review of the rules. It states that the parties last filed a status report on February 23, 2023 and that a continuing stay appears warranted pending resolution of the related case, No. 18-cv-06810, which is on appeal in the Ninth Circuit. The parties may file a statement of non-opposition or an opposition within 10 days. The signature block names United States District Judge Jon S. Tigar.

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United States District Court 
Northern District of California 
 
 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
 
EAST BAY SANCTUARY COVENANT, 
et al., 
Plaintiffs, 
v. 
 
WILLIAM BARR, et al., 
Defendants. 
Case No. 19-cv-04073-JST   
 
 
ORDER TO SHOW CAUSE 
REGARDING STAY 
  
 
 
On July 16, 2019, Plaintiffs East Bay Sanctuary Covenant et al., filed a complaint 
challenging an interim final rule and final rule, which rendered ineligible for asylum most persons 
entering the United States who cross the border between ports of entry or who did not first apply 
for and receive a denial of protection from persecution or torture while in a third country through 
which they transited en route to the United States.   
On June 24, 2022, given the government’s ongoing review of the rules, and the possible 
modification or rescission of those rules, the parties requested, and the Court granted, a stay 
pending the completion of the government’s review.  The Court required the parties to update the 
Court every 90-days on the status of the rulemaking.  The parties last filed a status report on 
February 23, 2023.  
It appears to the Court that a continuing stay of this case is warranted pending resolution of 
the related case, No. 18-cv-06810, which is currently on appeal in the Ninth Circuit.  Within 10  
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Case 4:19-cv-04073-JST   Document 160   Filed 12/13/23   Page 1 of 2

 
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United States District Court 
Northern District of California 
days of this order, the parties may file either a statement of non-opposition or an opposition, 
explaining why this case should not be stayed.  
IT IS SO ORDERED. 
Dated: December 13, 2023   
______________________________________ 
JON S. TIGAR 
United States District Judge 
Case 4:19-cv-04073-JST   Document 160   Filed 12/13/23   Page 2 of 2

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