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September 25, 2020

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Ninth Circuit Denies Government’s Motion to Stay District Court’s Order Blocking Travel Ban

In a unanimous opinion, a three-judge panel in the Ninth Circuit Court of Appeals upheld the stay of President Trump’s travel ban.  The Court found in favor of the State of Washington on all of its arguments and held that the Administration had not shown a likelihood of success on the merits of the case. Some commentators have noted that the President could address his national security concerns by rewriting the Executive Order to more specifically address the infirmities noted by the Court, including specifically eliminating lawful permanent residents (i.e., green card holders) from the ban. President Trump, however, upon hearing of the decision immediately tweeted: “SEE YOU IN COURT.” Still, the President – in conjunction with his new Attorney General, Jeff Sessions – will have to decide whether to appeal the request for an emergency stay to the Supreme Court by way of Justice Anthony Kennedy, request an en banc hearing before the Ninth Circuit or go back to the District Court for a hearing “on the merits.” In any case, the travel ban will remain paused until the next decision.

Jackson Lewis P.C. © 2020National Law Review, Volume VII, Number 41

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Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National...

(402) 391-1991
Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw the Immigration, Compliance, and Homeland Security practice at a boutique immigration law firm until joining Jackson Lewis.

Michael's practice focuses exclusively on immigration law. He advises corporate and individual clients on a broad range of issues, including maintaining strict workplace law compliance in an era of heightened government enforcement targeting employers, assisting clients who may encounter difficulties or delays in the visa process at United States Consular posts abroad, and government relations activities to enable business community dialogue with agency policymakers. He represents a variety of clients, ranging from large companies to private equity funds, and law firms to high profile individuals with specific ongoing immigration or visa problems.

Michael has been a frequent speaker and invited participant at business and professional associations, including the American Bar Association and the U.S. Chamber of Commerce, and is frequently interviewed for national publications and journals.

(703) 483-8300