Court Filing, Doc. 71-1 — East Bay Sanctuary Covenant v. Trump

Summary

[Proposed] Preliminary Injunction, Document 71-1, filed 12/04/18 in East Bay Sanctuary Covenant, et al. v. Donald J. Trump, et al., Case 18-cv-06810-JST (Northern District of California). The proposed text states that plaintiffs' application came before the Court on December 19, 2018, and that plaintiffs demonstrated a substantial likelihood of success on claims that the Interim Final Rule/Presidential Proclamation violates the Immigration and Nationality Act and the Administrative Procedure Act. It would enjoin the named defendants and all persons acting under their direction from implementing or enforcing the Interim Final Rule/Presidential Proclamation pending final disposition. The signature block names Jon S. Tigar, United States District Judge.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

East Bay Sanctuary Covenant, et al.,

Plaintiffs,

v.

Donald J. Trump, President of the United States, et
al.,

Defendants.

Case No.: 18-cv-06810-JST

[PROPOSED] PRELIMINARY
INJUNCTION

Case 4:18-cv-06810-JST   Document 71-1   Filed 12/04/18   Page 1 of 3

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[Proposed] Preliminary Injunction 1
Case No. 18-cv-06810

Plaintiffs’ application for a Preliminary Injunction came before this Court for consideration
on December 19, 2018.  Upon consideration of the application, and for good cause shown, IT IS
HEREBY ORDERED as follows:
Preliminary Injunction

The Court finds that Plaintiffs have demonstrated a substantial likelihood of success on the
merits of their claims that Defendants’ Interim Final Rule/Presidential Proclamation are in violation
of (1) the Immigration and Nationality Act, and (2) the Administrative Procedure Act.  The Court
further finds that Defendants’ conduct as alleged above has caused and, absent the requested relief,
will continue to cause irreparable harm to Plaintiffs.  The balance of hardships tips sharply in
Plaintiffs’ favor, and the public interest will be served by the injunction.

Accordingly, IT IS HEREBY ORDERED that, pending the final disposition of this action,
Defendants Donald J. Trump, President of the United States, in his official capacity; Matthew G.
Whitaker, Acting Attorney General, in his official capacity; U.S. Department of Justice; James
McHenry, Director of the Executive Office for Immigration Review, in his official capacity; the
Executive Office for Immigration Review; Kirstjen M. Nielsen, Secretary of Homeland Security, in
her official capacity; U.S. Department of Homeland Security; Lee Francis Cissna, Director of the
U.S. Citizenship and Immigration Services, in his official capacity; U.S. Citizenship and
Immigration Services; Kevin K. McAleenan, Commissioner of U.S. Customs and Border Protection,
in his official capacity; U.S. Customs and Border Protection; Ronald D. Vitiello, Acting Director of
Immigration and Customs Enforcement, in his official capacity; and Immigration and Customs
Enforcement, and all persons acting under their direction, are enjoined from implementing or
enforcing the Interim Final Rule/Presidential Proclamation.

Case 4:18-cv-06810-JST   Document 71-1   Filed 12/04/18   Page 2 of 3

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[Proposed] Preliminary Injunction 2
Case No. 18-cv-06810
IT IS SO ORDERED.

Dated:
________________________

JON S. TIGAR

United States District Judge

Case 4:18-cv-06810-JST   Document 71-1   Filed 12/04/18   Page 3 of 3

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