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Carlos Barria / Reuters
WASHINGTON — The Trump administration appears to have decided to allow things to play out at the US Court of Appeals for the Ninth Circuit for now in litigation over President Trump's refugee and travel ban — rather than seeking a stay of the nationwide order halting enforcement of the ban from the Supreme Court.
“Further proceedings in the Ninth Circuit will likely inform what additional proceedings on a preliminary injunction motion are necessary in district court,” Justice Department lawyers wrote, referring to a Friday order from the appeals court announcing that judge of that court had requested a vote on whether the appeals court should reconsider its earlier decision allowing the trial court order to stand.
“Accordingly, at this time, defendants believe the appropriate course is to postpone any further proceedings in the district court,” Justice Department lawyers wrote.
The Justice Department announced the plans in a filing before US District Judge James Robart, the federal judge in Seattle who issued a nationwide order halting enforcement of Trump's refugee and travel bans on Feb. 3.
Justice Department lawyers go on to tell Robart that they “respectfully request that they be permitted to file a status report with the Court no later than two business days after the Ninth Circuit decides whether to hear defendants’ stay motion en banc.”
This is a developing story. Please check back at BuzzFeed News for the latest.
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