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DOJ Request to Delay Deadlines in Asylum Restrictions Case — Due to Gov’t Shutdown — Denied by Judge

Women and children who are part of a caravan of Central Americans traveling across Mexico walk from Mexico to the U.S. side of the border to ask authorities for asylum on April 29, 2018 in Tijuana. (Credit: David McNew/Getty Images)

Women and children who are part of a caravan of Central Americans traveling across Mexico walk from Mexico to the U.S. side of the border to ask authorities for asylum on April 29, 2018 in Tijuana. (Credit: David McNew/Getty Images)

A federal judge has denied a Justice Department request, because of the shutdown, to pause all deadlines in a DC federal court case challenging the administration’s asylum restrictions.

Judge Randolph Moss wrote that those challenging the asylum restrictions view this as a case related to human safety and as such, despite the shutdown, deadlines for case filings remain in place. The next briefs are due to the court on January 4.

In his order, Moss quotes from administration shutdown staffing plans, saying there are people working in the immigration courts office as well as DHS: “The Court further notes that, according to government reports, 48% of employees from the Executive Office for Immigration Review are excepted ‘to process all immigration cases and appeals involving detained aliens,’ … and approximately 91% of Customs and Border Protection employees and 81% of Immigration and Customs Enforcement employees will be retained during a lapse in appropriations.”

In a separate case, Moss granted the Justice Department’s request to pause deadlines in another case involving Democratic senators’ request for additional Kavanaugh-related documents requested under the Freedom of Information Act.

Also in another immigration related case involving credible fear screenings and determinations, Judge Emmet Sullivan granted the Justice Department’s ask to place a hold on deadlines.

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