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European Observer on fundamental right's respect

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Other Decisions Decision 17-16426 (07/09/2017)

Authority: United States Court of Appeals for the Ninth Circuit (USA)

Date: 09/07/2017

Subject: The decision of the United States Court of Appeals for the Ninth Circuit, had confirmed the decision of the District Court of Hawaii, with which such Court, interpreting the decision of the Supreme Court of 26.6.2016 and expanding the importance of the Government’s guidelines, had excluded the application of the Executive Order n. 13.780 “Protecting the Nation from Foreign Terrorist Entry into the United States” to grandparents, grandchildren, bothers and sisters’ in law, uncles and nieces and cousins of persons in the United States, as well as the refugees covered by a “formal assurance” by an agency in the American territory or who are staying in the United States thanks to the Lautenberg Program

Parties: State of Hawaii; Ismail Elshikh v. Donald J. Trump, in his official capacity as President of the United States; U.S. Department of Homeland Security; John F. Kelly, in his official capacity as Secretary of Homeland Security; U.S. Department of State; Rex W. Tillerson, in his official capacity as Secretary of State; United States of America

Original language: English

Classification: Freedoms - Art. 18 Right to asylum - Equality - Art. 21 Non discrimination

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