in Re United States of America v. United States District Court for the Northern District of California, San Francisco

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IN RE UNITED STATES OF
AMERICA; DONALD J. TRUMP;
U.S. DEPARTMENT OF
HOMELAND SECURITY; ELAINE
C. DUKE,
UNITED STATES OF AMERICA;
DONALD J. TRUMP; U.S.
DEPARTMENT OF HOMELAND
SECURITY; ELAINE C. DUKE, in
her official capacity as Acting
Secretary of the Department of
Homeland Security,
Petitioners,
v.
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SAN
FRANCISCO,
Respondent,
REGENTS OF THE UNIVERSITY
OF CALIFORNIA; JANET
NAPOLITANO, In her official
capacity as President of the
University of California; STATE
No. 17-72917
D.C. Nos.
3:17-cv-05211-WHA
3:17-cv-05235-WHA
3:17-cv-05329-WHA
3:17-cv-05380-WHA
3:17-cv-05813-WHA
ORDER

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IN RE UNITED STATES OF AMERICA 2
OF CALIFORNIA; STATE OF
MAINE; STATE OF MINNESOTA;
STATE OF MARYLAND; CITY OF
SAN JOSE; DULCE GARCIA;
MIRIAM GONZALEZ AVILA;
VIRIDIANA CHABOLLA
MENDOZA; NORMA RAMIREZ;
COUNTY OF SANTA CLARA;
SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL
521; JIRAYUT
LATTHIVONGSKORN; SAUL
JIMENEZ SUAREZ,
Real Parties in Interest.
Filed November 21, 2017
Before: Kim McLane Wardlaw, Ronald M. Gould,
and Paul J. Watford, Circuit Judges.

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IN RE UNITED STATES OF AMERICA 3
ORDER
Before the court is the government’s emergency motion
for a stay of our order of November 16, 2017, which denied
the government’s petition for a writ of mandamus and lifted
a temporary stay that we had previously imposed. As the
order denying mandamus relief was effective immediately
upon its issuance, see Ellis v. U.S. Dist. Court, 360 F.3d
1022, 1023 (9th Cir. 2004) (en banc), jurisdiction now lies
with the district court, and not with this court. Compare
Daimler-Benz Aktiengesellschaft v. U.S. Dist. Court, 805 F.2d
340, 341–42 (10th Cir. 1986) (ordering a stay of district court
proceedings before any order denying or granting mandamus
had issued). If the government seeks further relief from this
court, it must do so in a new petition for mandamus. The
government’s emergency motion for a stay is therefore
DISMISSED.
IT IS SO ORDERED.

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