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Federal appeals court allows immigration order appeal to proceed

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Monday denied [order, PDF] a request to stay the appeal regarding President Donald Trump's controversial immigration executive order [text]. The US Department of Justice (DOJ) [official website] requested [JURIST report] a hold on the court proceedings until Trump issues a new order on immigration. Minnesota and Washington opposed the request, claiming that the Trump administration has stated that the standing executive order will not be rescinded, and that the government plans to defend the order in court. The court sided with the states, denying the DOJ's request without explanation or opinion. The court did extend the briefing schedule in the appeals case, giving until the end of March for mandatory briefs to be filed.

Earlier this month the appeals court upheld [JURIST report] a lower court decision issuing a stay on the executive orders pending proceedings. Trump's executive order has faced numerous legal challenges across the country. Washington state Attorney General Bob Ferguson sued [JURIST report] Trump over the immigration order in late January. Days later, the American Civil Liberties Union filed a class action lawsuit [JURIST report] accusing the Trump administration of violating the religious freedom of nationals from the seven nations named in the order. In February, the Ninth Circuit Court of Appeals received two separate filings [JURIST report] from officials in the public and private sectors who oppose the executive order.

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