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VIDEDWe granted certiorari in this case to resolve a challenge to the temporary suspension of entry of aliens and refugees under Section 2(c) and Section 6 of Executive Order No. Because those provisions of the Order have âexpired by [their] own terms,â the appeal no longer presents a âlive case or controversy.â Burke v.
In addition, application (16A1191) is treated as a petition for a writ of certiorari. Justice Sotomayor dissents from the order vacating the judgment below and would dismiss the writ of certiorari as improvidently granted.
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17-16426 is stayed with respect to refugees covered by a formal assurance, pending further order of this Court. The briefs, limited to 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before noon, Thursday, October 5, 2017. Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to dismiss as moot the challenge to Executive Order No.
The parties are directed to file letter briefs addressing whether, or to what extent, the Proclamation issued on September 24, 2017, may render cases No. The parties should also address whether, or to what extent, the scheduled expiration of Sections 6(a) and 6(b) of Executive Order No. The cases are removed from the oral argument calendar, pending further order of the Court.