Biden

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EAST BAY SANCTUARY COVENANT, Case No. 18-cv-06810-JST et al., 8 Plaintiffs, ORDER DENYING EMERGENCY MOTION FOR STAY PENDING v. APPEAL 10 JOSEPH R. BIDEN, et al., Re: ECF No. 190 11 Defendants.

12 On July 25, 2023, the Court vacated and remanded Circumvention of Lawful Pathways (“the Rule”), 88 Fed. Reg. 31314 (May 16, 2023), a final rule promulgated by the Department of Justice and the Department of Homeland Security. ECF No. 187. The Court held that the Rule violates the Administrative Procedure Act (“APA”) because it is contrary to law, is arbitrary and capricious, and was promulgated without adequate opportunity for public comment. Id. Upon Defendants’ unopposed request, the Court stayed its order for fourteen days. Id. at 35. Defendants now seek to stay the Court’s order pending appeal. ECF No. 190. Because Defendants have not met their burden to demonstrate that such a stay is warranted, the Court will deny the…