Bokum v. Sera Sec. Servs., LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, on appeal, the government abandoned its argument that Pula justified discretionary denial based upon transit through a safe third country
• noting that Matter of Pula has been superseded, and can no longer justify denial based on “failure to apply for asylum in a country through which the alien had passed”
• noting “the public interest in ensuring that statutes enacted by [Congress] are not imperiled by executive fiat” (quotation omitted)
• “Because the Rule is ‘not in accordance’ with 8 U.S.C. § 1158, our 18 obligation as a reviewing court is to vacate the unlawful agency action.”
• “Section 706(2) does not tell a circuit court to ‘set aside’ unlawful agency action only within the geographic boundaries of that circuit. Vacatur of an agency rule prevents its application to all those who would otherwise be subject to its operation.”

Source: CourtListener parenthetical corpus (CC0).