McAleenan

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 8 AL OTRO LADO, et al., Case No. 17-cv-02366-BAS-KSC 9 Petitioners, TEMPORARY RESTRAINING

ORDER

v. 11 PETER T. GAYNOR, Acting Secretary of Homeland Security, et al., Respondents. 14 Before the Court is Plaintiffs’ Motion for a Temporary Restraining Order (“Motion”) requesting that the Court prohibit Defendants from applying yet another regulation— titled Asylum Eligibility and Procedural Modification, 85 Fed. Reg. 82,260 (Dec. 17, 2020) (“Final Transit Rule”)—to members of the provisional class previously certified by this Court. (ECF No. 658.) Defendants oppose the Motion and Plaintiffs reply. (ECF Nos. 667, 670.) For the reasons stated below, the Court GRANTS Plaintiffs’ Motion and temporarily restrains Defendants from applying this regulation to provisional class members. I. BACKGROUND Plaintiffs’ underlying claims in this case concern Defendants’ purported “Turnback 25 …