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Fifth Circuit Court of Appeals

NEW ORLEANS – (N.Y. Times) A federal appeals court on Tuesday denied the Obama administration’s request to lift a hold on the president’s executive actions on immigration, which would have granted protection from deportation as well as work permits to millions of immigrants in the country illegally.

Two of three judges on a panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, left in place an injunction by a Federal District Court judge in Brownsville, Tex. The ruling comes in a lawsuit filed by Texas and 25 other states against actions President Obama took in November. Many of the initiatives were scheduled to take effect this month.

The appeals court found that the states had sufficient legal grounds to bring the lawsuit and that the administration had not shown that it would be harmed if the injunction remained in place and the programs were further delayed.

Also denied was a request by the administration to limit the injunction to the states bringing the lawsuit. The ruling is a second setback for programs the president hoped would be a major piece of his legacy, raising new uncertainty about whether they will take effect before the end of his term and casting doubts on the confidence of administration lawyers that their case was very strong.

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David Walters
David Walters
David E. Walters practices immigration law in Las Vegas, Nevada. He has been licensed to practice law in California since 1998 and Nevada since 1999. He is also admitted to practice before the District Court of Nevada, Central District of California, and the Ninth Circuit. He is a member of the American Immigration Lawyers Association and Nevada Attorneys for Criminal Justice. He teaches immigration in the Hispanic Citizens’ Academy for the Las Vegas Metropolitan Police Department. Mr. Walters graduated from Loyola Law School in Los Angeles, CA in 1998. During law school, he was a member of the St. Thomas More Law Honor Society and the Loyola of Los Angeles International and Comparative Law Journal. David is married to Isabel Walters, an immigrant from Ecuador who is now a U.S. citizen. They have two children.

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