Ninth Circuit Stay Order - Asylum Transit — OIL has clarified its interpretation of the Ninth Circuit's stay order (Document 68-3)
- Date
- 2019-09-03
Summary
Document 68-3 in Case 4:19-cv-04073-JST, filed September 3, 2019 and marked Ex. A, a redacted version of a document sought to be sealed. It is an internal Executive Office of Immigration Review (EOIR) email chain with the subject line Ninth Circuit Stay Order - Asylum Transit Interim Final Rule Litigation, addressed to EOIR recipients. The email dated August 20, 2019 states that OIL has clarified its reading of the Ninth Circuit's stay order: the rule should not be applied to asylum determinations where the alien was apprehended or is detained in the Ninth Circuit, or where the interview or adjudication occurs there. It asks OCIJ to distribute the guidance that day and carries an attorney-client privilege warning citing 5 U.S.C. §§ 552(b)(5), (b)(7). The chain also begins an earlier message sent August 16, 2019.
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Cite this document
“Ninth Circuit Stay Order - Asylum Transit — OIL has clarified its interpretation of the Ninth Circuit's stay order (Document 68-3).”
Original at archive.org, dated 2019-09-03. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2019-09-03-covid-era-misc-2d67c35d-1/
, SHA-256 2d67c35d7f01b5453ae52a22f1aed2d934616cb3ee060f43fa3bbfb33bc47abd.Full text
Case 4:19-cv-04073-JST Document 68-3 Filed 09/03/19 Page 1 of 3
EX. A
REDACTED VERSION OF
DOCUMENT(S) SOUGHT
TO BE SEALED
(Executive Office of Immigration Review (“EOIR”)), Ninth Circuit Stay Order - Asylum Transit
Interim Final Rule Litigation)
Case 4:19-cv-04073-JST Document 68-3 Filed 09/03/19 Page 2 of 3
From:
To: McHenry, James (EOIR); Owen, Sirce E. (EOIR); Gupta, Dimple (EOIR); Alder Reid, Lauren (EOIR); Neal, David
L. (EOIR); Adkins-Blanch, Chuck (EOIR); Santoro, Christopher A (EOIR); Maggard, Print (EOIR); Cheng, Mary
(EOIR)
Cc:
Subject: RE: Ninth Circuit Stay Order - Asylum Transit Interim Final Rule Litigation
Date: Tuesday, August 20, 2019 9:17:00 AM
Good morning,
Upon further discussion, OIL has clarified its interpretation of the Ninth Circuit’s stay order as
follows:
The rule should not be applied to any asylum determination in which: (1) the alien was apprehended
in the Ninth Circuit, (2) the alien is detained in the Ninth Circuit, or (3) the interview or adjudication
itself occurs in the Ninth Circuit.
OCIJ – please ensure that this guidance is distributed ASAP today.
Please let me know if you have any questions or concerns.
Best regards,
***Warning***Attorney/Client Privilege***Attorney Work Product***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or
attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission,
dissemination, or use by anyone other than the intended recipient. Please notify the sender if this e-mail has been
misdirected and immediately destroy all originals and copies. Furthermore, do not print, copy, re-transmit, disseminate, or
otherwise use this information. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure
under the Freedom of Information Act, 5 U.S.C. §§ 552(b)(5), (b)(7).
From:
Sent: Friday, August 16, 2019 3:43 PM
To: McHenry, James (EOIR) ; Owen, Sirce E. (EOIR)
; Gupta, Dimple (EOIR) ; Alder
Reid, Lauren (EOIR) ; Neal, David L. (EOIR)
Case 4:19-cv-04073-JST Document 68-3 Filed 09/03/19 Page 3 of 3
File and source
- File
- gov.uscourts.cand.344869.68.3.pdf
- Size
- 227,268 bytes
- SHA-256
- 2d67c35d7f01b5453ae52a22f1aed2d934616cb3ee060f43fa3bbfb33bc47abd
- Original
- archive.org