A federal appeals court blocked a ruling by a federal judge who had re-issued a nationwide injunction despite being advised not to do so unless he re-evaluated his original ruling.
The 9th Circuit Court of Appeals said in an administrative order that a Sept. 9 ruling from U.S. District Court Judge Jon Tiger that Tigar’s ruling was too broad, striking down the injunction.
It was the latest clash between Tigar and the court.
Tigar initially ruled in July that a Trump administration policy denying asylum to applicants if they declined to apply for asylum in a country they passed through before reaching the United States was likely against the law, issuing a nationwide injunction to halt the policy across the nation. Since the policy dealt with migrants reaching the southern border, the injunction halted it in California, New Mexico, Arizona, and Texas.
But the appeals court said in a ruling in August that Tigar didn’t seem to weigh whether a nationwide injunction was actually necessary.
“The district court clearly erred by failing to consider whether nationwide relief is necessary to remedy Plaintiffs’ alleged harms,” the ruling stated. “And, based on the limited record before us, we do not believe a nationwide injunction is justified.”
The ruling removed the injunction from New Mexico and Texas, which are not within the 9th Circuit. read more