ORDER

EAST BAY SANCTUARY COVENANT V. BIDEN PROTECTION, Defendants-Appellants.

Filed February 21, 2024 Before: William A. Fletcher, Richard A. Paez, and Lawrence VanDyke, Circuit Judges.

Order;

Dissent by Judge VanDyke SUMMARY^* Immigration In a case in which the government appealed the district court’s order vacating the government’s rule, “Circumvention of Lawful Pathways,” which applies a presumption of asylum ineligibility to noncitizens who traveled through a country other than their own before entering the United States through the southern border with Mexico, the majority of the panel issued an order granting the parties’ Joint Motion to Place Appeal in Abeyance pending settlement negotiations in this case, and a related case, M.A. v. Mayorkas, No. 1:23-cv-1843 (D.D.C.). The order also provided that submission of the case was vacated pending further court order.

* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

EAST BAY SANCTUARY COVENANT V. BIDEN Dissenting, Judge VanDyke would deny the stay because the government has not provided a sufficient legal reason to grant it. The only reason provided is that the government is litigating multiple cases in multiple courts, which is hardly abnormal for the government. Because the request for a stay appears to be purely politically motivated, and the parties have provided no genuine legal reason for it, he would not grant the stay.

COUNSEL Brian M. Boynton (argued), Principal Deputy Assistant Attorney General; Daniel Tenny, Sean R. Janda, and Brian J. Springer, Appellate Staff Attorneys; Antitrust Division, United States Department of Justice, Washington, D.C.; Patrick J. Glen and Christina P. Greer, Senior Litigation Counsel: Erez Reuveni, Assistant Director; William C.

Peachey, Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants. Spencer E. Wittmann Amdur (argued), Katrina L. Eiland, Morgan Russell, Oscar S. Roman, and Cody Wofsy, American Civil Liberties Union Foundation Immigrants’ Rights Project, San Francisco, California; Lee P. Gelernt, Omar C. Jadwat, Wafa Junaid, and Judy Rabinovitz, American Civil Liberties Union Foundation Immigrants’ Rights Project, New York, New York; Melissa E. Crow, Center for Gender & Refugee Studies, Washington, D.C.; Anne E. Peterson, Blaine Bookey, Julie B. Bourdoiseau, and Karen Musalo, Center for Gender & Refugee Studies, San Francisco, California; Robert Pauw, CGRS Cooperating Attorney, Gibbs Houston Pauw, Seattle, Washington; Keren EAST BAY SANCTUARY COVENANT V. BIDEN H. Zwick, Richard Calderone, Colleen Cowgill, and Mary Georgevich, National Immigrant Justice Center, Chicago, Illinois; Michelle Y. Cho, American Civil Liberties Union Foundation of Northern California, San Francisco, California; Angelo Guisado, Center for Constitutional Rights, New York, New York; for Plaintiffs-Appellees.

Matt A. Crapo and Christopher J. Hajec, Immigration Reform Law Institute, Washington, D.C., for Amici Curiae Immigration Reform Law Institute.

Katherine L. Evans and Charles S. Ellison, Duke University of Law Immigrant Rights Clinic, Durham, North Carolina, for Amici Curiae Professors of Immigration Law.

Ashley B. Vinson, Akin Gump Strauss Hauer & Feld LLP, San Francisco, California, for Amici Curiae Former Immigration Judges & Former Members of the Board of Immigration Appeals.

Alice Farmer, Office of the United Nations High Commissioner for Refugees, Washington, D.C.; Robert R. Anderson, Arnold & Porter Kaye Scholer LLP, Denver, Colorado; Samuel M. Witten and Kaitlin Konkel, Arnold & Porter Kaye Scholer LLP, Washington, D.C.; for Amici Curiae Office of the United Nations High Commissioner for Refugees.

Kathleen R. Hartnett and Zoë Helstrom, Cooley LLP, San Francisco, California, for Amici Curiae National Citizenship and Immigration Services Council 119.

Cameron