Summary
The Ninth Circuit vacated submission of the case and ordered oral argument to be rescheduled for the week of March 23, 2026, in Pasadena, California. It directed the parties and invited amici curiae to file supplemental briefs addressing whether the Circumvention of Lawful Pathways rule, 8 C.F.R. § 1208.33(a), is consistent with the Immigration and Nationality Act, 8 U.S.C. § 1158.
Topics
Practice areas
Questions Presented
- Whether the Circumvention of Lawful Pathways rule, 8 C.F.R. § 1208.33(a), is consistent with the Immigration and Nationality Act, 8 U.S.C. § 1158.
Key quotations
“The parties are ordered to file supplemental briefs of no more than fifteen pages addressing whether the Circumvention of Lawful Pathways rule, 8 C.F.R. § 1208.33(a), is consistent the Immigration and Nationality Act, 8 U.S.C. § 1158.” (2)
Factual background
The opinion concerns petitioners in immigration proceedings who are challenging agency action. The court did not resolve the merits but requested briefing on whether the Circumvention of Lawful Pathways rule is consistent with the Immigration and Nationality Act.
Procedural history
The petition was pending before the Ninth Circuit following proceedings before the Board of Immigration Appeals. The court vacated submission, ordered oral argument to be rescheduled for the week of March 23, 2026, and required supplemental briefing on the legality of the Circumvention of Lawful Pathways rule.