The "Winter" Injunction Test Favor Nepal TPS Case Beneficiaries

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The “Winter” injunction test (Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008)). That’s the Supreme Court’s bedrock rule for preliminary injunctions.

The "Winter" injunction test checks four things before pausing a policy:

(1) Are you likely to win?

(2) Will you suffer harm money can’t fix?

(3) Would stopping the policy hurt the government more than you?

(4) Is it good for everyone?

Cameroon & Afghanistan TPS holders had only about three years here, so the judge found they didn’t meet the 'Winter" injunction tests and denied a pause.

Haiti TPS holders had been here over ten years, met all four factors, and got their terminations paused.

Nepali TPS holders also have lived here more than ten years and make the same points, so they’ll likely get the same pause. Nepalese TPS holder likely to pass the "Winter" injunction test.

Good luck!!

Jindagi yestai chha

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Another 18 more months

Jindagi yestai chha

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The burden on the plaintiff is high, as preliminary injunctions are considered extraordinary equitable remedies and are never awarded as a matter of right.

Sexy In Sari

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As I mentioned on July 15, the winter injunction test failed for both Cameroon and Afghanistan, and the appeals court also today DENIED A PAUSE on their TPS while urging the district court to move quickly.

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