City & County of S.F. v. Uscis


FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CITY AND COUNTY OF SAN No. 19-17213 FRANCISCO; COUNTY OF SANTA CLARA, D.C. No. Plaintiffs-Appellees, 4:19-cv-04717- PJH v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, a federal agency; U.S. DEPARTMENT OF HOMELAND SECURITY, a federal agency; CHAD F. WOLF, in his official capacity as Acting Secretary of the United States Department of Homeland Security; KENNETH T. CUCCINELLI, in his official capacity as Acting Director of United States Citizenship and Immigration Services, Defendants-Appellants. 2 CITY & CTY. OF SAN FRANCISCO V. USCIS STATE OF CALIFORNIA; DISTRICT OF No. 19-17214 COLUMBIA; STATE OF MAINE; COMMONWEALTH OF D.C. No. PENNSYLVANIA; STATE OF OREGON, 4:19-cv-04975- Plaintiffs-Appellees, PJH v. U.S. DEPARTMENT OF HOMELAND SECURITY, a federal agency; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, a federal agency; CHAD F. WOLF, in his official capacity as Acting Secretary of the United States Department of Homeland Security; KENNETH T. CUCCINELLI, in his official capacity as Acting Director of United States Citizenship and Immigration Services, Defendants-Appellants. Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, Chief District Judge, Presiding CITY & CTY. OF SAN FRANCISCO V. USCIS 3 STATE OF WASHINGTON; No. 19-35914 COMMONWEALTH OF VIRGINIA; STATE OF COLORADO; STATE OF D.C. No. DELAWARE; STATE OF ILLINOIS; 4:19-cv-05210- STATE OF MARYLAND; RMP COMMONWEALTH OF MASSACHUSETTS; DANA NESSEL, Attorney General on behalf of the OPINION People of Michigan; STATE OF MINNESOTA; STATE OF NEVADA; STATE OF NEW JERSEY; STATE OF NEW MEXICO; STATE OF RHODE ISLAND; STATE OF HAWAII, Plaintiffs-Appellees, v. U.S. DEPARTMENT OF HOMELAND SECURITY, a federal agency; CHAD F. WOLF, in his official capacity as Acting Secretary of the United States Department of Homeland Security; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, a federal agency; KENNETH T. CUCCINELLI, in his official capacity as Acting Director of United States Citizenship and Immigration Services, Defendants-Appellants. 4 CITY & CTY. OF SAN FRANCISCO V. USCIS Appeal from the United States District Court for the Eastern District of Washington Rosanna Malouf Peterson, District Judge, Presiding Argued and Submitted September 15, 2020 San Francisco, California Filed December 2, 2020 Before: Mary M. Schroeder, William A. Fletcher, and Lawrence VanDyke, Circuit Judges. Opinion by Judge Schroeder; Dissent by Judge VanDyke SUMMARY* Immigration In cases in which two district courts issued preliminary injunctions enjoining implementation of the Department of Homeland Security’s redefinition of the term “public charge,” which describes a ground of inadmissibility, the panel: 1) affirmed the preliminary injunction of the District Court for the Northern District of California covering the territory of the plaintiffs; and 2) affirmed in part and vacated in part the preliminary injunction of the District Court for the Eastern District of Washington, vacating the portion of the injunction that made it applicable nationwide. * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. CITY & CTY. OF SAN FRANCISCO V. USCIS 5 Under 8 U.S.C. § 1182(a)(4)(A), any ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals