Full Ninth Cir. Declines to Rehear Case Over Border Asylum Rule

The Ninth Circuit on Wednesday declined to review en banc a decision by a three-judge panel holding that immigration law applies to noncitizens seeking asylum who encounter US border officials, whether or not they’re physically standing on US soil.

But the majority’s decision “is clearly wrong and has created—and will continue to create—untold interference with the Executive Branch’s ability to manage the southern border,” Judge Daniel A. Bress of the US Court of Appeals for the Ninth Circuit said in a dissent regarding the denial of en banc review.

In 2016 the US Department of Homeland Security started “metering” the ...