No. 18-1469

Department of Homeland Security, et al. v. Casa de Maryland, et al.

Lower Court: Fourth Circuit
Docketed: 2019-05-24
Status: Denied
Type: Paid
Amici (1)Relisted (3) Experienced Counsel
Tags: administrative-law administrative-procedure-act agency-action agency-discretion deferred-action dhs-policy executive-discretion immigration immigration-enforcement immigration-law judicial-review policy-rescission standing
Key Terms:
AdministrativeLaw Environmental DueProcess FifthAmendment Securities Immigration JusticiabilityDoctri
Latest Conference: 2020-06-25 (distributed 3 times)
Question Presented (AI Summary)

Whether DHS's decision to wind down the DACA policy is judicially reviewable

Question Presented (from Petition)

QUESTIONS PRESENTED This dispute concerns the policy of immigration enforcement discretion known as Deferred Action for Childhood Arrivals (DACA). In 2016, this Court affirmed, by an equally divided Court, a decision of the Fifth Circuit holding that two related U.S. Department of Homeland Security (DHS) discretionary enforcement policies, including an expansion of the DACA policy, were likely unlawful and should be enjoined. See United States v. Texas, 136 S. Ct. 2271 (per curiam). In September 2017, DHS determined that the original DACA policy was unlawful and would likely be struck down by the courts on the same grounds as the related policies. DHS thus instituted an orderly wind-down of the DACA policy. The questions presented are as follows: 1. Whether DHS’s decision to wind down the DACA policy is judicially reviewable. 2. Whether DHS’s decision to wind down the DACA policy is lawful. (I)

Docket Entries

2020-06-29
Petition DENIED.
2020-06-22
DISTRIBUTED for Conference of 6/25/2020.
2019-07-10
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Reply of petitioners Department of Homeland Security, et al. filed. (Distributed)
2019-06-24
Brief of respondents Casa de Maryland, et al. in opposition filed.
2019-06-24
Brief amicus curiae of Immigration Reform Law Institute filed.
2019-06-03
Motion to expedite consideration filed by petitioners DENIED.
2019-05-29
Response to motion to expedite from respondents Casa de Maryland, et al. filed. (Distributed)
2019-05-28
Motion DISTRIBUTED for Conference of 5/30/2019.
2019-05-24
Petition for a writ of certiorari filed. (Response due June 24, 2019)
2019-05-24
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.

Attorneys

Casa de Maryland, et al.
John Arak FreedmanArnold & Porter Kaye Scholer, LLP, Respondent
John Arak FreedmanArnold & Porter Kaye Scholer, LLP, Respondent
Department of Homeland Security, et al.
Noel J. FranciscoSolicitor General, Petitioner
Noel J. FranciscoSolicitor General, Petitioner
Immigration Reform Law Institute
Christopher J. HajecImmigration Reform Law Institute, Amicus
Christopher J. HajecImmigration Reform Law Institute, Amicus