Well, that did not take long. The 9th Circuit Court of Appeals issued this order today:
Before: SCHROEDER, CANBY, and CHRISTEN, Circuit Judges.
The district court’s April 5, 2019 and July 2, 2019 orders are stayed temporarily, pending further order of the court, to allow briefing to be completed on appellants’ motion for a stay pending appeal.
The opposition to the motion for a stay is due Monday, July 15, 2019 at 9:00 a.m. PDT. The reply is due Thursday, July 18, 2019 at 5:00 p.m. PDT.
So, as of now, the prohibition pursuant to Matter of M-S- on custody hearings for non-citizens who entered the United States without inspection and were apprehended within 100 miles of the border within 14 days is in effect. Such non-citizens are NOT entitled to custody hearings.
This is turning into a not so good day for asylum seekers. Posted July 15, 2019.