January 19, 2022

Volume XII, Number 19

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January 19, 2022

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Fourth and Ninth Circuit Courts to Review Latest Executive Order Regarding Travel Suspension

As detailed in our previous alert on this issue, on March 16, 2017, Federal Judge Theodore D. Chuang (D. Maryland) issued a nationwide preliminary injunction that prevented the United States Government from enforcing Section 2 of the “Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States” issued on March 6, 2017, (the “new E.O.”). On March 17, 2017, the United States Justice Department filed a notice to appeal the ruling to the Fourth Circuit.  

Fourth Circuit will Conduct En Banc Review of the New E.O.  

On April 10, 2017, the United States Court of Appeals for the Fourth Circuit ordered an initial hearing en banc (before the full 15-judge court) to review the legality of the new E.O.’s 90-day suspension of travel and entry into the United States of foreign nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen. 

The court’s order of en banc review is a strong indication that the pending challenges to the new E.O. present questions of exceptional importance. Oral arguments will occur on May 8, 2017, in Richmond, Virginia.

Ninth Circuit will Review the District Court of Hawaii Rulings Against the New E.O. 

The new E.O. is also under review before the United States Court of Appeals for the Ninth Circuit. As detailed in our previous alert on this issue, on March 30, 2017, the United States Government filed a Notice of Appeal to the Ninth Circuit in which the Government appealed the District Court of Hawaii’s March 29, 2017, order indefinitely blocking the travel suspensions under Sections 2 and 6 of the new E.O. On April 3, 2017, the Ninth Circuit agreed to hear the United States Government’s appeal on an expedited basis. 

On April 11, 2017, attorneys for Plaintiffs-Appellees filed a “Petition for Initial Hearing En Banc,” in which the Plaintiffs-Appellees urged the Ninth Circuit to consider following the Fourth Circuit in granting en banc review. As of this writing, the Ninth Circuit has not ruled on the petition.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume VII, Number 107
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About this Author

Jayde Ashford Brown, Andrews Kurth, management side labor litigation lawyer, employment matters attorney
Associate

Jayde Ashford Brown represents corporate clients in management-side labor and employment matters arising under federal and state law, including, but not limited to Title VII, the FLSA, the FMLA, the ADA, the ADEA, and workers compensation under Section 451 of the Texas Labor Code. In addition to litigation, Jayde counsels clients on best practices relating to hiring and termination decisions, employment policies and employee investigations, and the OFCCP and related AAP obligations for federal contractors and subcontractors. Jayde also prepares and negotiates separation...

214-659-4719
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