This case was filed in the 5th circuit....it will stay in the 5th circuit.
Thankfully, the ninth circus will have nothing to say about the issue.
Judge Napolitano seems to think that Obama has checkmated himself.
This was not an executive order, this was a memo to Jeh Johnson to go ahead and break the law. Johnson may have been willing before but I’m guessing he has no intent of ignoring a federal judge.
This case will stay in the 5th Circuit. That is why they will wait until they can appeal another case in another circuit. Most likely they will get a friendly plaintiff to file a fake case in another circuit that they can take up on appeal.