Trump v. Int'l Refugee Assistance

Decision Date10 October 2017
Docket NumberNo. 16–1436.,16–1436.
Citation199 L.Ed.2d 203,138 S.Ct. 353 (Mem)
Parties Donald J. TRUMP, President of the United States, et al., petitioners, v. INTERNATIONAL REFUGEE ASSISTANCE, et al.
CourtU.S. Supreme Court

We granted certiorari in this case to resolve a challenge to "the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780 ." Because that provision of the Order "expired by its own terms" on September 24, 2017, the appeal no longer presents a "live case or controversy." Burke v. Barnes, 479 U.S. 361, 363, 107 S.Ct. 734, 93 L.Ed.2d 732 (1987). Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss as moot the challenge to Executive Order No. 13,780 . United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36 (1950). We express no view on the merits.

Justice SOTOMAYOR dissents from the order vacating the judgment below And would dismiss the writ of certiorari as improvidently granted.

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53 cases
  • City of Columbus v. Trump
    • United States
    • U.S. District Court — District of Maryland
    • April 10, 2020
    ...’ " Int'l Refugee Assistance Project v. Trump , 857 F.3d 554, 605 (4th Cir. 2017) (en banc)(vacated as moot , ––– U.S. ––––, 138 S. Ct. 353, 199 L.Ed.2d 203 (2017) ) (quoting Franklin , 505 U.S. at 802-03, 112 S.Ct. 2767 ). Based on this guidance from the Fourth Circuit, the D.C. Circuit, a......
  • Casa De Md., Inc. v. Wolf
    • United States
    • U.S. District Court — District of Maryland
    • September 11, 2020
    ...554, 605 (4th Cir.), as amended (June 15, 2017), vacated and remanded on other grounds sub nom. , Trump v. Int'l Refugee Assistance , ––– U.S. ––––, 138 S. Ct. 353, 199 L.Ed.2d 203 (2017) ).Relatedly, the Fourth Circuit concluded that the district court erred in not limiting preliminary rel......
  • Int'l Refugee Assistance Project v. Trump, Civil Action No. TDC–17–0361
    • United States
    • U.S. District Court — District of Maryland
    • October 17, 2017
    ...judgment has since been vacated as moot by the United States Supreme Court. Trump v. Int'l Refugee Assistance Project , No. 16-1436, ––– U.S. ––––, 138 S.Ct. 353, ––– L.Ed.2d ––––, 2017 WL 4518553 (Oct. 10, 2017).On September 24, 2017, President Trump issued Presidential Proclamation 9645, ......
  • Roe v. Shanahan, 1:18-cv-1565 (LMB/IDD)
    • United States
    • U.S. District Court — Eastern District of Virginia
    • February 15, 2019
    ...550 (2009) ; Int'l Refugee Assistance Project v. Trump, 857 F.3d 554, 602 (4th Cir.), vacated on other grounds, ––– U.S. ––––, 138 S.Ct. 353, 199 L.Ed.2d 203 (2017). The equities weigh heavily in plaintiffs' favor. Although the impact of defendants' policies on servicemembers like Roe and V......
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7 books & journal articles
  • Bias and Immigration: a New Factors Test to Examine Extrinsic Evidence of Animus in Immigration Cases
    • United States
    • Emory University School of Law Emory Law Journal No. 71-1, 2021
    • Invalid date
    ...See, e.g., Int'l Refugee Assistance Project v. Trump, 857 F.3d 554 (4th Cir. 2017), vacated, Trump v. Int'l Refugee Assistance Project, 138 S. Ct. 353 (2017).233. See Masterpiece Cakeshop, Ltd. v. Colo. C.R. Comm'n, 138 S. Ct. 1719 (2018); Cooper v. Harris, 137 S. Ct. 1455 (2017); Dep't of ......
  • THE PRECEDENTIAL EFFECTS OF THE SUPREME COURT'S EMERGENCY STAYS.
    • United States
    • Harvard Journal of Law & Public Policy Vol. 44 No. 3, June 2021
    • June 22, 2021
    ...v. Dunn, Full N N N N/A 138 S. Court Ct. 370 (2017) In re Full See also Pruett, Court N N N N/A Pruett v. 138 S. Ct. Choate, 353 (2017) 138 S. Ct. 353. In re See also Lambrix, Full N N N N/A Lambrix v. 138 S. Court Florida, Ct. 312 Lambrix v. (2017) Jones, 138 S. Ct. 312. Saro v. Sessions, ......
  • ONLY WHERE JUSTIFIED: TOWARD LIMITS AND EXPLANATORY REQUIREMENTS FOR NATIONWIDE INJUNCTIONS.
    • United States
    • Notre Dame Law Review Vol. 95 No. 5, May 2020
    • May 1, 2020
    ...(2017) (per curiam) (as to foreign nationals lacking a bona fide relationship with an American person or entity), and vacated as moot, 138 S. Ct. 353, 353 (2017) (mem.); Hawaii v. Trump, 241 F. Supp. 3d 1119, 1139-40 (D. Haw.) (temporary restraining order), converted to preliminary injuncti......
  • Co-opting Coronavirus, Assailing Asylum
    • United States
    • Georgetown Immigration Law Journal No. 35-2, January 2021
    • January 1, 2021
    ...inf‌lected by politics.”). 99. Int’l Refugee Assistance Project v. Trump, 857 F.3d 554, 590–91 (4th Cir. 2017), vacating as moot 138 S. Ct. 353 (2017) (citing Kerry v. Din, 135 S. Ct. 2128, 2141 (2015) (Kennedy, J., concurring) (“[W]here a plaintiff makes ‘an aff‌irmative showing of bad fai......
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