A second United States appeals court on Monday ruled against President Donald Trump’s temporary travel ban on people entering the United States from six Muslim-majority countries, largely upholding a lower court’s decision.

The 9th U.S. Circuit Court of Appeals in San Francisco reviewed a March ruling by a Hawaii-based federal judge that blocked parts of Trump’s order.

The ruling came after a separate court, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals, on May 25 upheld a Maryland judge’s ruling blocking parts of the order.

The Trump administration on June 1 asked the U.S. Supreme Court to block the Hawaii and Richmond rulings and revive the ban.

Hawaii Federal Judge Derrick Watson blocked a March 6 executive order barring travellers from Libya, Iran, Somalia, Sudan, Syria and Yemen for 90 days while the government put in place stricter visa screening.

Watson also blocked a directive that suspended the entry of refugee applicants for 120 days, as well as other instructions for the government to study tougher vetting procedures.

The 9th Circuit on Monday upheld the block on Trump’s travel ban and a cap on refugees. However, the appeals court vacated part of the injunction in order to allow the government to conduct internal reviews on vetting. </s> WASHINGTON (AP) – The Justice Department is asking a federal appeals court to set aside a judge’s order that temporarily blocked the Trump administration’s travel ban.

The federal government’s request for an emergency stay was filed Saturday night with the 9th U.S. Circuit Court of Appeals.

The filing asks the court to lift an order from a day earlier from a judge in Washington state.

The ruling from U.S. District Judge James Robart temporarily halted a Trump administration executive order that suspended America’s refugee program and halted immigration to the U.S. from seven Muslim-majority countries.

The administration on Saturday moved to suspend enforcement of the travel ban as the Justice Department readied its legal challenge.

President Donald Trump has lashed out at Robart on Twitter, calling him a “so-called judge.”

Never miss another Facebook post from WISH-TV </s> SAN FRANCISCO (AP) – A federal appeals court in San Francisco has refused to reinstate President Donald Trump’s ban on travelers from seven predominantly Muslim nations.

The 9th U.S. Circuit Court of Appeals on Thursday wouldn’t block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. An appeal to the U.S. Supreme Court is possible.

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The Justice Department appealed to the 9th Circuit.

Government lawyers argued that the ban was a “lawful exercise” of the president’s authority and that the seven countries have raised terrorism concerns.

The states said Trump’s executive order unconstitutionally blocked entry based on religion. </s> A U.S. Appeals Court on Monday upheld a lower court ruling that blocks President Donald Trump’s executive order banning travellers from six Muslim-majority countries.

 The US Ninth Circuit Court of Appeals in Seattle was the second appeals court to uphold an earlier court’s move to put the executive order on hold while challenges against its constitutionality move forward.

 The Trump administration had appealed to the court over the earlier ruling by a federal judge in Hawaii.

 The court had halted implementation of the entire executive order, which also sought to block issuances of new refugee admissions from around the world for 120 days.

 A separate decision on the order in the Fourth Circuit has already been appealed to the U.S. Supreme Court. </s> May 25 (Reuters) - The U.S. 4th Circuit Court of Appeals in Virginia on Thursday refused to reinstate President Donald Trump's temporary travel ban for six Muslim-majority nations, in another legal blow to the White House.

A majority of judges on the appeals court, in a 10-3 decision, said they were "unconvinced" the travel order had more to do with national security concerns than a "Muslim ban."

The court also found the challengers were likely to suffer "irreparable harm" if the ban were implemented and that it might violate the U.S. Constitution.

The appeals court maintained the injunction against the travel ban in full.

The appeals court was reviewing a March ruling by a Maryland-based federal judge that blocked part of Trump's March 6 executive order barring travelers from Libya, Iran, Somalia, Sudan, Syria and Yemen for 90 days while the government put in place stricter visa screening.

A similar ruling against Trump's policy from a Hawaii-based federal judge is still in place and the 9th Circuit U.S. Court of Appeals court is reviewing that decision. (Reporting by Mica Rosenberg, Dan Levine and Andrew Chung; Additional reporting by Lawrence Hurley; Editing by Chris Reese and Tom Brown) </s> (CN) – The Ninth Circuit on Monday became the second federal appeals court to uphold a stay of President Donald Trump’s revised travel ban, even as he presses the Supreme Court to reinstate it.

Monday’s decision follows a May 25 ruling by the Fourth Circuit that concluded Trump intended to discriminate against Muslims from the six countries he targeted in his executive order.

The administration on June 1 asked the U.S. Supreme Court to let the ban take effect while the justices decide whether to review the Fourth Circuit ruling.

The three-judge Ninth Circuit panel ruled that Trump exceeded the scope of his authority in issuing the revised travel ban and largely upheld a ruling in Hawaii federal court that prevented the implementation of a ban on all travelers from six Muslim-majority countries.

“Immigration, even for the President, is not a one-person show,” the 86-page opinion states. “The President must make a sufficient finding that the entry of these classes of people would be ‘detrimental to the interests of the United States.’”

The ruling marks the second defeat for the Trump administration in the Ninth Circuit, with both decisions focusing on the presence of unconstitutional religious discrimination against Muslims embedded in each executive order. The first one was issued a week after Trump assumed office and a second, revised travel ban came in early March.

In the first case, the state of Washington sued the Trump administration, saying the ban was a thinly veiled attempt at harming Muslims. U.S. District Court Judge James Robart granted Washington a temporary restraining order, preventing implementation of the ban. The Ninth Circuit refused in February to reinstate the first travel ban.

Rather than appealing, the Trump administration revised the travel ban in a new executive order issued March 6.

This time around, Hawaii sued and U.S. District Court Judge Derrick Watson granted a temporary restraining order for similar reasons.

After Watson’s ruling, U.S. Attorney General Jeff Sessions criticized it by saying he was “amazed that a judge sitting on an island in the Pacific can issue an order that stops the President of the United States from what appears to be clearly his statutory and constitutional power.”

Monday’s Ninth Circuit ruling will most likely be appealed to the Supreme Court, which is already weighing whether to take up the Fourth Circuit appeal. </s> WASHINGTON, DC – The Justice Department on Saturday moved to appeal a decision that temporarily halted enforcement of President Donald Trump’s travel ban.

The appeal concerns a late Friday decision by a US district court that halted the enforcement of Trump’s executive order. Trump’s policy banned travel to the US from seven Muslim-majority countries for 90 days, suspended all refugee entry to the US for 120 days and indefinitely suspended entry for Syrian refugees.

A notice of appeal was sent Saturday night to the US district court, where Judge James Robart, a George W. Bush appointee, presides in Seattle.

The Justice Department is expected to file its brief laying out its legal argument later Saturday night to the Ninth Circuit Court of Appeals, which will hear the appeal.

Hours after Robart’s ruling, the Department of Homeland Security announced it had suspended all actions to implement the immigration order and would resume standard inspections of travelers as it did prior to the signing of the travel ban. But it urged the Justice Department to challenge the ruling “at the earliest possible time.”

The three judges who will likely hear the appeal — assuming no one has to step aside over any conflicts — are: Judge William Canby, who was appointed by President Jimmy Carter; Richard Clifton, who was appointed by Bush; and Michelle Friedland, a President Barack Obama appointee.

Robart, ruling in a lawsuit brought by the attorneys general of Washington state and Minnesota who sought to stop the order, said the states “have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the executive order. ”

He said the order adversely affects residents in areas of education, employment, education and freedom to travel. </s> President Donald Trump said his new immigration executive order will be tailored to the federal court decision that paused his travel ban.

Trump said the tailoring is currently being worked out by his lawyers and will be rolled out next week.

“The new order is going to be very much tailored to what I consider to be a very bad decision,” said Trump during a news conference, referring to a decision by the Ninth Circuit Court of Appeals that blocked his travel ban earlier this month.

Meanwhile, the Justice Department filed a brief Thursday telling the Ninth Circuit Court of Appeals that it does not need a larger panel of judges to rehear its failed emergency challenge to a lower court’s temporary suspension of Trump’s executive order on immigration because a new order is on the way.

The Justice Department wrote at length about the “seriously flawed” Ninth Circuit ruling from last week, but neverthless said: “(r)ather than continuing this litigation, the President intends in the near future to rescind the order and replace it with a new, substantially revised executive order to eliminate what the panel erroneously thought were constitutional concerns.”

“In so doing, the President will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation,” it added.

Questions have swirled over what the Trump administration would do this week after a three-judge panel on the Ninth Circuit refused to lift a federal judge’s temporary restraining order on Trump’s executive order barring foreign nationals from Iran, Sudan, Libya, Somalia, Syria, Iraq and Yemen from entering the country for 90 days, all refugees for 120 days and all refugees from Syria indefinitely.

Last Friday, an unidentified judge on the Ninth Circuit requested that the full court vote on whether to rehear the decision reached by the three-judge panel. Such requests are not uncommon, but the call for a vote came at time when the Justice Department’s position on pursuing the appeal was uncertain.

The states that brought the lawsuit — Washington and Minnesota — said in their court filing on Thursday that there is no basis for rehearing the case.

And while the nation waits on a new or modified executive order on immigration from the Trump administration, at least one federal court is barreling ahead on litigation over the original one.

US District Court Judge James Robart in Seattle — the judge who originally halted the key provisions of the travel ban — denied a request from the Trump administration earlier this week to postpone any further proceedings in his court, which means the parties will now proceed to the discovery phase of the case. </s> The Department of Justice has filed an appeal against a federal judge in Washington state’s ruling that temporarily halted President Donald Trump’s executive order on immigration.

The ruling, handed down Friday by Judge James Robart, came as a result of a lawsuit brought by the states of Washington and Minnesota to halt the order, which temporarily barred travelers and refugees from seven Muslim countries from entering the U.S.

According to the Associated Press, the request for an emergency stay, which would reinstate the order, was filed Saturday night in the 9th U.S. Circuit Court of Appeals. This move was largely expected after White House press secretary Sean Spicer issued a statement Friday night calling the ruling an “outrageous order” and saying the administration would file an appeal “at the earliest possible time.”

Trump also blasted the decision on Twitter Saturday morning, saying it spelled “big trouble” and challenging the authority of “this so-called judge.”

Trump also referenced a ruling by a Boston judge earlier Friday that would have allowed an injunction against the ban to expire Sunday, allowing authorities to reinstitute the travel restrictions. Robart’s decision overrode this ruling and was granted on a nationwide basis, per ABC News.

“Why aren't the lawyers looking at and using the Federal Court decision in Boston, which is at conflict with ridiculous lift ban decision?” Trump wrote on Twitter.

However, the appeal is also likely to create confusion as the Department of Homeland Security and the State Department began giving airlines clearance to accept U.S. visa-holders from the affected countries onto flights on Saturday morning. According to the Associated Press, this has led to a crush of people attempting to enter the country while the order is no longer in effect.

The 9th U.S. Circuit Court of Appeals is headquartered in San Francisco, but also has facilities in Seattle.

This is a developing story and will be updated with more details.
Trump's travel ban remains suspended as the U.S. Court of Appeals for the Ninth Circuit denies the Justice Department's request to stay the ruling which blocks major portions of the executive order.