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HUGE!!!! Supreme Court give DREAMers a major win: rescinding #DACA violates the APA must be vacated. #HomeIsHere
Extremely complex decision w many many subtle layers w huge implications 4 all aspect of immigration law: from reviewability, to 1252g, to of course APA 'arbitrary and capricious' standard. Practical: it is a mirror to the Census case -- sends it back for agency to consider anew.
Thomas dissent: "This ruling is incorrect and it will hamstring all future agency attempts to undo actions that exceed statutory authority."
For #DirtyImmigrationLawyers who've listened to the government's arguments in Flores, this oral argument is particularly satisfying: ca9.uscourts.gov/media/view_vid…
Ninth Circuit judges find themselves "mystified" at Ms. Fabian's explanation of the government's interpretation.
Ninth Circuit judges find themselves "mystified" at Ms. Fabian's explanation of the government's interpretation.
"You're really gonna stand up and tell us is that being able to sleep isn't a condition of safe and sanitary conditions." - Judge Berzon, on DOJ's appeal of decisions affecting CBP hold rooms in the #RGV
Also, a bit of news, as these things go, Ms. Fabian told the 9th circuit that while the notice & comment period on the Flores regulations has closed, she's not aware of when the final regs will be promulgated.
