The federal appeals court in San Francisco takes up two significant immigrant appeals Tuesday; whether aliens seeking asylum must come through a legal port of entry, and whether even non-Mexican aliens can be forced to wait in Mexico pending asylum hearings.
Both cases will be heard by Judges Ferdinand Fernandez, William Fletcher and Richard Paez.
In the first case, the government appeals a trial court injunction that blacks a rule and presidential proclamation. Taken together those documents requires that an alien who enters the US from Mexico may not be granted asylum unless they enter at a port of entry and properly seeks asylum. (East Bay Sanctuary Covenant v. Trump)
The second case, the Secretary of Homeland Security appeals a nationwide injunction blocking “Migrant Protection Protocols,” which require most non-Mexican asylum seekers arriving in the US from Mexico to remain in Mexico pending their immigration. (Innovation Lab Law v. McAleenan)
Both cases begin at 9am and can be followed live online here: https://www.ca9.uscourts.gov/media/live_oral_arguments.php
TrialInsider.com 