Ninth Circuit Tapers Travel Ban Block

11/13/2017

The Ninth Circuit Court of Appeals has allowed the Trump administration's latest travel ban to partially take effect. In a brief order, the court granted an emergency stay of some of the terms of District Court Judge Derrick Watson's preliminary injunction blocking the Trump administration from imposing travel limitations on nationals from Chad, Iran, Libya, Syria, Yemen, and Somalia.

The stay allows the preliminary injunction to continue to protect nationals with a credible claim of a bona fide relationship with a person or entity in the United States. The injunction still applies to foreign nationals with a "close familial relationship" with a person in the United States, including grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins. For entities, the Ninth Circuit's order states that "the relationship must be formal, documented, and formed in the ordinary course," specifically excluding relationships formed for the purpose of evading the terms of the travel ban. The other standing preliminary injunction against the travel ban, granted by District Court Judge Theodore Chuang, is unaffected because it was already limited in scope to those with a bona fide relationship to a person or entity in the United States.

Our office will continue to monitor developments and provide updates. If you have any questions, please contact your Goel & Anderson attorney.

Back