No. 18-589

Chad Wolf, Acting Secretary of Homeland Security, et al. v. Martin Jonathan Batalla Vidal, et al.

Lower Court: Second Circuit
Docketed: 2018-11-05
Status: Denied
Type: Paid
Relisted (5) Experienced Counsel
Tags: administrative-law administrative-procedure agency-discretion daca-policy deferred-action due-process executive-action executive-power homeland-security immigration immigration-law judicial-review separation-of-powers standing
Key Terms:
AdministrativeLaw DueProcess Securities Immigration
Latest Conference: 2019-06-27 (distributed 5 times)
Related Cases: 18-587 (Vide) 18-588 (Vide)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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 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 8. 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 DH98’s decision to wind down the DACA policy is lawful. (1)

Docket Entries

2020-07-20
JUDGMENT ISSUED.
2019-09-23
Record received from the U.S.D.C. Eastern District of New York. The record is electronic.
2019-09-16
Record received from the U.S.C.A. 2nd Circuit is electronic.
2019-09-16
Record requested from the U.S.C.A. 2nd Circuit.
2019-09-03
CIRCULATED
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-17
DISTRIBUTED for Conference of 6/20/2019.
2019-06-10
DISTRIBUTED for Conference of 6/13/2019.
2019-01-14
DISTRIBUTED for Conference of 1/18/2019.
2019-01-04
Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
2018-12-26
Letter waiving the 14-day waiting period under Rule 15.5 filed.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-17
Brief of respondents State of New York et al. (State Respondents) in opposition filed.
2018-12-17
Brief of respondents Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition filed.
2018-12-03
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018, for all respondents.
2018-11-30
Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk.
2018-11-27
Letter of November 27, 2018 from the Solicitor General with respect to corrected supplemental brief of petitioners filed in case No. 18-587 filed. (11/28/2018)
2018-11-23
Letter from State of New York, et al. received.
2018-11-05
Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)

Attorneys

Chad Wolf, Acting Secretary of Homeland Security, et al.
Noel J. FranciscoSolicitor General, Petitioner
Noel J. FranciscoSolicitor General, Petitioner
Citizens United, Citizens United Foundation, English First Foundation, Public Advocate of the U.S., The Senior Citizens League, 60 Plus Foundation, Gun Owners of America, Gun Owners Foundation, Conservative Legal Defense and Education Fund, Patriotic Vete
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
Former Homeland Security and Immigration Officials
Albert Quoc GiangBoies Schiller Flexner LLP, Amicus
Albert Quoc GiangBoies Schiller Flexner LLP, Amicus
IMMIGRATION LAW SCHOLARS
Harry LeeSteptoe & Johnson, Amicus
Harry LeeSteptoe & Johnson, Amicus
Martin Jonathan Batalla Vidal, et al. (non-State Respondents)
Michael J. WishnieJerome N. Frank Legal Services Organization, Respondent
Michael J. WishnieJerome N. Frank Legal Services Organization, Respondent
National Education Association and National PTA
Alice Margaret O'BrienNational Education Association, Amicus
Alice Margaret O'BrienNational Education Association, Amicus
State of New York et al. (State Respondents)
Barbara Dale UnderwoodAttorney General, Respondent
Barbara Dale UnderwoodAttorney General, Respondent
THE STATES OF TEXAS, ALABAMA, ARIZONA, ARKANSAS, FLORIDA, LOUISIANA, NEBRASKA, SOUTH CAROLINA, AND WEST VIRGINIA, AND GOVERNOR PHIL BRYANT OF THE STATE OF MISSISSIPPI
Kyle Douglas HawkinsOffice of the Attorney General, Amicus
Kyle Douglas HawkinsOffice of the Attorney General, Amicus
United We Dream and 50 Organizations
Peter KaranjiaDLA Piper LLP (US), Amicus
Peter KaranjiaDLA Piper LLP (US), Amicus