The Latest: Appeals court will vote on rehearing ban ruling

AP News
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Posted: Feb 10, 2017 9:47 PM
The Latest: Appeals court will vote on rehearing ban ruling

The Latest on legal challenges to President Donald Trump's travel ban (all times local):

7 p.m.

The federal appeals court that refused to reinstate President's Donald Trump's travel ban will vote on whether to have a larger panel of judges reconsider the ruling.

The chief judge of the San Francisco-based 9th U.S. Circuit Court of Appeals, Sidney Thomas, announced Friday that one of the court's judges had requested the vote. The judge was not named.

A three-judge panel of the court a day earlier rejected the Trump administration's motion to immediately reinstate the travel ban. The 9th Circuit vote will determine whether an 11-judge panel of the court reconsiders the administration's request.

A majority of the court's 25 active judges would have to vote in favor of rehearing the case. That prospect was not likely.

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1:30 p.m.

A temporary restraining order in a Los Angeles challenge to President Donald Trump's travel ban has been extended until Tuesday.

Attorneys told a U.S. District Court judge they are trying to work out a settlement involving hundreds of Yemenis and Somalians stranded in east Africa.

Attorney Julie Goldberg flew to Los Angeles this week with 27 clients who had been stuck in Djibouti when Trump's order took effect.

Goldberg says she's trying to work out an agreement to allow travel for hundreds of others spouses and children of U.S. citizens or green card holders.

Goldberg says she's representing 800 people either in Djibouti or with family stuck there.

A hearing could be held Tuesday on the merits of the case if Goldberg and the government can't reach a deal.

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3:30 p.m.

U.S. government lawyers have asked a judge in New York to dismiss one of the legal challenges to President Donald Trump's travel ban on the grounds that the two Iraqis who were the original subjects of the case have both been freed from custody.

The legal petition was initially filed on behalf of two men who had been granted permission to come to the U.S. because of links to the U.S. military, but who were detained when they arrived at New York's Kennedy Airport.

In papers filed Friday, the government said that since the men were ultimately allowed into the country, the case was moot.

ACLU attorney Lee Gelernt said the government isn't correct and the case should be allowed to continue.

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12:45 p.m.

Lawyers for the federal government say they are weighing their options after a federal appeals court refused to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations.

A government lawyer who spoke at a hearing in Virginia on Friday said that, following Thursday's ruling by the 9th U.S. Circuit Court of Appeals, the Trump administration may or may not appeal.

"All options are being considered," Erez Reuveni said.

Reuveni spoke at a hearing at which the state of Virginia was challenging the ban.

The appeals court in San Francisco unanimously refused to restore Trump's refugee and immigration order on Thursday.

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This item has been corrected to delete a quote wrongly attributed to the appeals court.

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4 a.m.

Lawyers for the state of Virginia are challenging President Donald Trump's executive order on immigration, arguing in federal court that its seven-nation travel ban violates the Constitution and is the result of "animus toward Muslims."

Michael Kelly, spokesman for Virginia's Democratic Attorney General Mark Herring, said Friday's hearing in federal court in a Washington suburb poses the most significant state challenge yet.

He says in a statement ahead of Friday's scheduled arguments in Alexandria, Virginia, that it "will be the most in-depth examination of the merits of the arguments against the ban."

Virginia's challenge comes after a federal appeals court in San Francisco refused Thursday to reinstate the ban on travelers from seven Muslim-majority nations.