News Release from Jewell Stewart & Pratt – February 14, 2017 As noted previously, on February 9, 2017, the Ninth Circuit Court of Appeals, in a per curiam order, denied the federal government’s motion for an emergency stay. The order barring implementation of the travel and refugee ban therefore remains in place.
On February 10, a Ninth Circuit judge made a sua sponte request that a vote be taken as to whether the order issued by the three-judge panel on February 9 should be reconsidered en banc. Briefs on whether the matter should be reconsidered en banc are due by February 16. Therefore, February 16 is the earliest date on which a Ninth Circuit decision regarding re-hearing the February 9 panel decision would be issued.
© Jewell Stewart & Pratt PC 2017