Overview
- A majority of active judges on the 9th U.S. Circuit Court of Appeals voted to hear the case en banc, vacating an Oct. 20 panel decision that favored deployment.
- With the panel ruling thrown out, Judge Karin J. Immergut’s temporary restraining orders remain in effect, keeping National Guard troops from deploying to Portland.
- A three-day federal trial began Wednesday in Portland to build a record on whether conditions at the city’s ICE facility justify federalizing up to 200 Guard members for a 60‑day mission.
- Judge Immergut flagged an email labeled Exhibit 202 that appears to show Guard activity during an earlier TRO, while Department of Justice counsel said multiple checks confirmed no deployment occurred.
- California Attorney General Rob Bonta joined Oregon and Portland in seeking permanent relief, underscoring constitutional and statutory questions with potential ramifications for similar disputes in other cities.