Hiiraan Online
Monday June 12, 2017
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is a U.S. Federal court upheld a decision from a lower court effectively blocking the ‘Trump ban’. FILE PHOTO
Mogadishu (HOL) - A US appeals court has upheld a decision by a lower court to block President Donald Trump’s revised travel ban from six Muslim-majority countries, including Somalia.
The United States Court of Appeals for the Ninth Circuit in San Francisco delivered the decision - the latest in a string court rulings against the proposed ‘travel ban’.
The lower court in the state of Hawaii rejected the administration's effort to restrict travel from Muslim-majority countries on the basis of it being discriminatory, the latest decision upholds that verdict.
In the 86 page opinion published by the court, it said that it "we affirm in part and vacate in part the district court’s preliminary injunction order.”
"We conclude that Plaintiffs’ injuries can be redressed fully by injunctive relief against the remaining Defendants, and that the extraordinary remedy of enjoining the President is not appropriate here. See Franklin, 505 U.S. at 803. We therefore vacate the district court’s injunction to the extent the order runs against the President, but affirm to the extent that it runs against the remaining “Defendants and all their respective officers, agents, servants, employees, and attorneys, and persons in active concert or participation with them.”
The court remanded the case to the district court with instructions to re-issue another preliminary injunction consistent with this the courts opinion, adding that the administrations motion for a stay pending appeal was denied.
The 90-day ban was to apply to people from Iran, Libya, Syria, Somalia, Sudan and Yemen.