Make the Road New York v. Markwayne Mullin
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Overview
Overview
The government appealed Judge Cobb's order granting the plaintiff's motion for a stay of the agency's action which pauses the implementation of the DHS's new rule on expedited removal.
The Issue
Issue
Whether the district court properly granted a stay of the DHS expedited removal policy pending resolution of the plaintiffs' underlying challenge to the agency action.
The Rules
Rule
A stay pending appeal is reviewed for abuse of discretion and is warranted when the moving party demonstrates (1) likelihood of success on the merits, (2) irreparable harm absent the stay, (3) balance of equities favoring the stay, and (4) public interest considerations.
The Application
Analysis
The district court found that Make the Road New York satisfied the stay factors by showing a substantial likelihood of success on their challenge to the expedited removal policy, that the policy would cause irreparable constitutional or statutory injury, and that the public interest supported pausing implementation pending judicial resolution.
The Conclusion
Conclusion
The stay order remains in effect, pausing implementation of the expedited removal policy while the CADC considers the government's appeal of the stay decision.
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