Innovation Law Lab v. Nielsen
United States District Court for the Northern District of California
366 F. Supp. 3d 1110 (2019)
- Written by Eric DiVito, JD
Facts
In 2018, the Department of Homeland Security (DHS) (defendant) instituted a policy whereby certain aliens entering the country seeking asylum were required to remain in Mexico during the pendency of their removal proceedings. Prior to this policy, aliens applying for asylum at a port of entry on the United States and Mexico border were placed in either expedited or regular removal proceedings. Eleven individuals (plaintiffs) from various South American countries sought asylum in the United States and were returned to Mexico to await removal proceedings. None of the individuals had valid admission documents. The individuals seeking asylum, along with six nonprofit organizations that provided legal services related to immigration issues, filed a motion seeking a preliminary injunction preventing the DHS from making the asylum seekers await their removal proceeding in Mexico.
Rule of Law
Issue
Holding and Reasoning (Seeborg, J.)
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