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European Observer on fundamental right's respect

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Other Decisions Order 17-17168 (22/12/2017)

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

Date: 12/22/2017

Subject: The order of the United States Court of Appeals for the Ninth Circuit, blocked the execution of section 2 (with some exceptions and limitations) of the Proclamation No. 9645 entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”, aiming at suspending or limiting the entry in the United States of citizens from 8 Countries, because it was adopted passing the aim of the authority delegated by the President and in lack of a legally sufficient finding on the noxiousness for the interests of the United States of the entry of certain individuals

Parties: State of Hawaii; Ismail Elshikh; John Does, 1 & 2; Muslim Association of Hawaii, Inc. v. Donald J. Trump, in his official capacity as President of the United States; U.S. Department of Homeland Security; Kirstjen M. Nielsen, in her 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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