United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 9, 2019 Decided July 17, 2020 No. 19-5013 GRACE, ET AL., APPELLEES v. WILLIAM P. BARR, ATTORNEY GENERAL OF THE UNITED STATES, IN HIS OFFICIAL CAPACITY, ET AL., APPELLANTS Appeal from the United States District Court for the District of Columbia (No. 1:18-cv-01853) Erez Reuveni, Assistant Director, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Susan Bennett Green, Senior Litigation Counsel, and Christina P. Greer, Trial Attorney. Michael M. Hethmon was on the brief for amicus curiae Immigration Reform Law Institute in support of defendants- appellants. Cody Wofsy argued the cause for appellees. With him on the brief were Jennifer Chang Newell, Katrina Eiland, Julie Veroff, Judy Rabinovitz, Omar C. Jadwat, Celso J. Perez, Eunice Lee, Karen Musalo, Anne Dutton, Blaine Bookey, 2 Sandra S. Park, Scott Michelman, Arthur B. Spitzer, and Thomas Buser-Clancy. Karl A. Racine, Attorney General, Office of the Attorney General for the District of Columbia, Loren L. AliKhan, Solicitor General, Caroline S. Van Zile, Deputy Solicitor General, and Lewis T. Preston, Assistant Attorney General, were on the brief for amici curiae The District of Columbia, et al. in support of appellees. Elizabeth B. Wydra, Brianne J. Gorod, and Brian R. Frazelle were on the brief for amici curiae Current Members of Congress and Bipartisan Former Members of Congress in support of plaintiffs-appellees. Paul M. Thompson, Julie Carpenter, and Richard Caldarone were on the brief for amici curiae The Tahirih Justice Center, et al. in support of appellees and affirmance. Derek T. Ho was on the brief for amici curiae Administrative Law Professors in support of plaintiffs- appellees. Thomas K. Ragland was on the brief for amici curiae Immigration Law Professors in support of plaintiffs-appellees. Alexander J. Kasner was on the brief for amicus curiae United Nations High Commissioner for Refugees in support of plaintiffs-appellees. Before: HENDERSON, TATEL, and GRIFFITH, Circuit Judges. Opinion for the Court filed by Circuit Judge TATEL. 3 Dissenting opinion filed by Circuit Judge HENDERSON. TATEL, Circuit Judge: Twelve asylum seekers challenge a host of executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Pub. L. No. 104-208, 110 Stat. 3009-546 (codified as amended in scattered sections of 8 U.S.C.). Broadly speaking, the challenged policies concern how asylum officers determine whether an alien has demonstrated a “credible fear” of persecution, a threshold showing that permits an alien who would otherwise be immediately deported to seek asylum in the United States. The asylum seekers principally argue that the policies raise the bar for demonstrating a credible fear of persecution far above what Congress intended and that the Attorney General and various agencies violated the Administrative Procedure Act (APA), 5 U.S.C. §§ 551 et seq., by failing to adequately address important factors bearing on the policies’ adoption. Largely on these grounds, the district court found the policies inconsistent with IIRIRA, the Immigration and Nationality Act (INA), ...
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