Coalition for Humane Immigrant Rights v. Markwayne Mullin

Summary

The court held that it had appellate jurisdiction over the district court's stay because the stay had the practical effect of granting an injunction, and the Government had standing to appeal because the order interfered with its ability to enforce the immigration laws. It nevertheless held that the organizational plaintiffs lacked standing to seek the stay because they did not show that enjoining the challenged memorandum and email would likely reduce their members' exposure to expedited removal while the unstayed regulation remained available. The court therefore vacated the district court's stay.