Ninth Circuit fractures over national injunction on asylum rule

https://lawprofessors.typepad.com/immigration/2019/08/ninth-circuit-panel-fractures-over-national-injunctions-with-trumps-latest-asylum-order.
The Trump administration in July issued a new "interim final rule" blocking asylum applications by alien refugees who passed through a "third country" but did not apply for asylum there.  The U.S. District Court in San Francisco enjoined the enforcement of the rule nationally, citing violations of the Administrative Procedure Act.  A panel of the 9th Circuit held the U.S.had not shown it was likely to succeed on the merits but on August 16, 2019 partially granted the U.S. motion for a stay - limiting the scope to the territory of the Circuit, and remanding to the District Court for factual development on the need for a national scope to the injunction.