M.C. Sungaila in Daily Journal: Complexion of 9th Circuit Panel Suggests Immigration Ban Will Remain Enjoined

02/08/2017

Three 9th U.S. Circuit Court judges appointed by three presidents will decide the fate of the nationwide temporary restraining order granted last week against President Donald J. Trump's immigration action.

The judges who will hear the case are Judge William C. Canby Jr., appointed by President Jimmy Carter; Judge Michelle T. Friedland, appointed by President Barack Obama, and Judge Richard R. Clifton, appointed by President George W. Bush...

There are hints as to how the judges might break on the controversial executive action. Canby and Friedland signed an order Friday denying a request by the White House for an immediate administrative stay. Mary-Christine Sungaila, partner at Haynes and Boone LLP, said this decision might have reflected the judges' desire to avoid making a hasty ruling that could be subject to change in the motions hearing.

She also noted that Friedland, the most recent appointee, has a track record that seems to favor immigrant defendants. "I examined her immigration decisions in connection with a couple of cases that I worked on that were in the 9th Circuit where I represented folks seeking asylum," Sungaila said. "I would say that the decisions I reviewed in that context were generally favorable to the asylum applicant."

Excerpted from Daily Journal. To read the full article, please click here (subscription required).

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