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Case: Regents of University of California v. U.S. Department of Homeland Security

3:17-cv-05211 | U.S. District Court for the Northern District of California

Filed Date: Sept. 8, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 18, 2020, the Supreme Court upheld the 9th Circuit's decision in this case that the Trump Administration acted unlawfully when it rescinded DACA, because its reasons for rescission were insufficient. The Regents of the University of California (UC) and Janet Napolitano, in her official capacity as President of the University of California, filed this lawsuit challenging the Department of Homeland Security’s (DHS) revocation of the Deferred Action for Childhood Arrivals program (DACA). T…

On June 18, 2020, the Supreme Court upheld the 9th Circuit's decision in this case that the Trump Administration acted unlawfully when it rescinded DACA, because its reasons for rescission were insufficient.


The Regents of the University of California (UC) and Janet Napolitano, in her official capacity as President of the University of California, filed this lawsuit challenging the Department of Homeland Security’s (DHS) revocation of the Deferred Action for Childhood Arrivals program (DACA). The complaint was filed on September 8, 2017 in the U.S. District Court for the Northern District of California.

According to the complaint, DACA has benefited approximately 800,000 individuals brought to the U.S. as children “through no choice of their own.” Under DACA, applicants who met certain criteria were eligible for deferred immigration action for two-year periods, pending approval of their applications. As the complaint stated, “DACA allowed these individuals to live, study, and work in the United States without fear that they could be arrested and deported at any time,” and so they “were able to pursue opportunities in higher education, to more readily obtain driver’s licenses and access lines of credit, to obtain jobs and access to certain Social Security and Medicare benefits, and to contribute to their communities and American society.” The plaintiffs stated that these individuals - known as Dreamers - have enabled the nation and UC to greatly benefit from their presence as students and employees at the university. The plaintiffs stated the Dreamers contribute significantly to UC life, “expanding the intellectual vitality of the school, filling crucial roles as medical residents, research assistants, and student government leaders, and increasing the diversity of the community.” Plaintiff Janet Napolitano was the Secretary of Homeland Security who designed and implemented DACA in 2012.

But the revocation of DACA, the plaintiffs argued, threatened the Dreamers with “expulsion from the only country that they call home.” Moreover, the plaintiffs argued, DHS did not offer any “reasoned basis” for revoking DACA and did so in violation of legally required procedures. The plaintiffs argued that DHS’s justification for revocation is that a related but ultimately separate program - Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) - is illegal. The plaintiffs asserted that this justification is based on “an incorrect legal premise” as the two programs “were governed by different sets of rules, applied to different individuals, and conferred different benefits” and that “no court has held that DACA is unlawful.” Further, the plaintiffs argued that in not accounting for the Dreamers' strong reliance on DACA, DHS violated Supreme Court precedent requiring agencies to provide “more substantial justification” for policy changes when there is significant reliance on the preexisting policy. The plaintiffs argued that DHS’s revocation of DACA violated the Fifth Amendment’s due process clause and the Administrative Procedure Act. They sought declaratory and injunctive relief.

The case was assigned to Magistrate Judge Jacqueline Scott Corley on Sept. 8, but then reassigned to Judge Hon. William Alsup on Sept. 12.

On Sept. 18, the court related this case to State of California v. Department of Homeland Security, Case No. 17-cv-05235. Two days later, the court related two more cases to this one: Garcia v. United States of America, No. 17-cv-05380, and City of San Jose v. Trump, No. 17-cv-05329. On Oct. 16, County of Santa Clara v. Trump, No. 17-cv-05813, was added as a related case. All are summarized in this Clearinghouse.

On Oct. 6, the defendants filed the administrative record, available here, which included a series of government documents pertaining to DACA from its inception to the decision to rescind it. On Oct. 17, after the plaintiffs moved to compel the defendants to complete the administrative record, the court ordered them to do so. The court found that the defendants did not produce all documents leading to the rescission, specifically related documents that Acting Secretary Duke did not directly review. The defendants moved to stay further proceedings at this court on Oct. 18 in light of their intent to appeal this ruling to the Ninth Circuit. The court denied staying proceedings on Oct. 19, and the defendants appealed the next day by filing a petition for a writ of mandamus to the district court and emergency motion for stay. On Oct. 23, the district court replied to the Ninth Circuit's invitation to answer the government's petition stating it would not stay proceedings in light of the narrow window of time until DACA would end on March 5, 2018.

On Nov. 1, in the district court, the plaintiffs moved for a preliminary injunction to enjoin defendants from rescinding DACA, arguing that the rescission "violate[d] the fundamental prohibition on arbitrary agency action imposed by the Administrative Procedure Act" by not providing a reasoned basis for it. That same day, the defendants moved to dismiss the case, arguing that the rescission is an enforcement action "presumed immune from judicial review" and that the government provided ample explanation for the rescission based on DAPA's enjoinment.

On Nov. 16, the Ninth Circuit denied the defendants' motion for a writ of mandamus and vacated the stay of discovery and record expansion that had been entered. The District Court immediately ordered the federal government to file an augmented administrative record by Nov 22. 875 F.3d 1200. On Nov. 17, the federal government filed an emergency motion noting that it intended to file an application for mandamus with the Supreme Court no later than Nov. 20, and requesting that the Ninth Circuit stay its order pending the Supreme Court's resolution of the forthcoming petition. On Nov. 21, the Ninth Circuit dismissed the federal government's motion, noting that jurisdiction currently lies with the district court and instructing the federal government that further relief must be sought in a new petition for mandamus. 875 F.3d 1177.

Meanwhile, in the District Court, Judge Alsup on Nov. 20 agreed to stay all discovery until Dec. 22, at which point the augmented administrative record was due.

On Dec. 1, 2017, the government filed notice that they appealed the Ninth's Circuit denial of mandamus relief and applied for a stay to the Supreme Court. On Dec. 21 in a per curiam opinion, the Supreme Court vacated the Ninth Circuit's denial and remanded the case, arguing that the district court should have stayed implementation of the Oct. 17 order compelling the government to complete the administrative record. The Supreme Court stated that the lower court should have "first resolved the Government’s threshold arguments (that the Acting Secretary’s determination to rescind DACA is unreviewable because it is “committed to agency discretion,” 5 U. S. C. §701(a)(2), and that the Immigration and Nationality Act deprives the District Court of jurisdiction). Either of those arguments, if accepted, likely would eliminate the need for the District Court to examine a complete administrative record." 138 S.Ct. 443. The same day, the district court stayed the order compelling the government to complete the administrative record.

On Jan. 9, 2018, the court denied the government's motion to dismiss for lack of jurisdiction from Nov. 1, 2017 and provided provisional relief to the plaintiffs. 877 F.3d 1080. The order indicated the court would separately dismiss the government's motion to dismiss for failure to state a claim. The court entered a nationwide preliminary injunction, ordering that DACA remain in effect on the same terms and conditions that existed prior to the recession. However, the government did not need to process new applications from individuals who never before received deferred action. The court then granted in part and denied in part the government's motion to dismiss on Jan. 12, dismissing the plaintiffs' Regulatory Flexibility Act and equitable estoppel claims as well the individual plaintiffs' declaratory relief claims. 298 F.Supp.3d 1304. The court sustained the plaintiffs' APA, due process, and equal protection claims (with a few exceptions from the various complaints of the related cases).

The government appealed to the Ninth Circuit on Jan. 16, 2018. The government also sought certiorari from the Supreme Court on Jan. 18 while the Ninth Circuit appeal was pending, arguing that the Supreme Court's immediate review was warranted because of how long the appeal would take in the Ninth Circuit and how time sensitive the issue was. The Supreme Court denied cert without prejudice on Feb. 26, 2018, indicating the justices assume "that the Court of Appeals will proceed expeditiously to decide this case." 138 S.Ct. 1182.

The related cases were consolidated in the Ninth Circuit for the purposes of appeal. From February through April 2018, the parties filed their briefs.

Meanwhile, the following entities filed amicus briefs in support of the plaintiffs: historians, the Fred T. Korematsu Center for Law and Equality, Service Employees International Union, American Federation of Teachers, American Federation of State, County and Municipal Employees, Communications Workers of America, International Brotherhood of Teamsters, International Union of Painters and Allied Traders, United Farm Workers of America, United We Dream, public education groups, current and former prosecutors and law enforcement leaders, over 100 religious organizations, higher education institutions, over 100 companies and associations, the Bar Association of San Francisco, former federal immigration and homeland security officials, law professors and scholars, the Institute for Policy Integrity at NYU School of Law, Lawyers' Committee for Civil Rights Under Law, Anti-Defamation League, social justice organizations, legal services organizations, American Professional Society on the Abuse of Children, California Professional Society on the Abuse of Children, Partnership for Educational Justice, DelawareCAN, HawaiiKidsCAN, NewMexicoKidsCAN, Virginia Excels, various cities and counties, the National League of Cities, U.S. Conference of Mayors, various ACLU branches.

The defendants petitioned the Supreme Court of the U.S. for a writ of certiorari on Nov. 5, 2018. Meanwhile, the Ninth Circuit affirmed the district court's rulings on Nov. 8, 2018. 908 F.3d 476. The panel held that the government's decision to rescind DACA was reviewable because it was based on a belief that law foreclosed any alternative because the agency lacked authority rather than on exercise of discretion. The panel further concluded the decision was reviewable because the government based rescission only on the belief that DACA went beyond DHS' authority and so the APA's bar did not apply, and the decision did not fall within the three discrete occasions when the INA bars judicial review of DHS decisions. As to the merits of the preliminary injunction, the panel held that "DACA was a permissible exercise of executive discretion" and the government's belief that DACA was illegal was wrong. Thus, the panel concluded the plaintiffs were likely to succeed on the merits in showing that the rescission was arbitrary and capricious under the APA. The panel also held that a nationwide injunction was appropriate because it "promotes uniformity in immigration enforcement, and is necessary to provide the plaintiffs here with complete redress." Id.

In November 2018, while the appeal was pending, the Government simultaneously filed three petitions for certiorari before judgment, in this case, National Association for the Advancement of Colored People v. Trump, and Vidal v. Nielsen, also challenging the DACA rescission. In both this case and Vidal v. Nielsen, the district courts had granted a nationwide injunction to maintain the DACA program. In NAACP v. Trump, the district court also found that the vacatur of rescission was proper, but later granted a limited stay for certain DACA applications pending appeal. All three cases were appealed to the Circuit courts as well.

On June 28, 2019, after the Ninth Circuit affirmed the nationwide injunction (on Nov. 8 the previous year), but before rulings from the other two Circuits, the Supreme Court granted the petitions and consolidated the cases for argument. 908 F.3d 476; 139 S.Ct. 2779.

The case was argued at the U.S. Supreme Court on November 12, 2019. The plaintiffs argued that the defendants did not follow proper APA procedures.

On June 18, 2020, in an opinion by Chief Justice Roberts (joined by Justices Ginsburg, Breyer, Kagan, and Sotomayor), the Court held that the DACA rescission was subject to judicial review under the APA, that the DHS secretary had offered insufficient justification to rescind the program, and that the rescission was unlawful, arbitrary, and capricious in violation of the APA. 140 S. Ct. 1891.

Following the Supreme Court's decision, in another case challenging the DACA recession, Casa De Maryland v. U.S. Department of Homeland Security, the Fourth Circuit issued a mandate to reinstate DACA and set aside the recession memo on a nationwide basis on June 30, 2020. On July 17, 2020, the District Court of Maryland ordered DHS to reinstate DACA as it existed before the issuance of the recession memo and ordered DHS to resume accepting initial DACA applications.

However, Acting Secretary of Homeland Security Chad Wolf instead issued a memorandum entitled "Reconsideration of the June 15, 2012 Memorandum Entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" on July 28, 2020 ("Wolf Memorandum"). In this memo, Acting Secretary Wolf stated that he would reconsider DACA's future in light of the Supreme Court's decision. In the interim, the memo instructed USCIS to reject all initial requests for DACA, to only grant advance parole to current DACA beneficiaries in exceptional circumstances, and grant DACA renewals for only one-year, rather than two-year, periods. Later in August, Deputy Director for Policy for USCIS Joseph Edlow issued a memorandum implementing the Wolf Memorandum.

On August 4, 2020, the Ninth Circuit remanded the case to the district court for further action consistent with the opinion of the Supreme Court.

In response to the Wolf Memorandum, the plaintiffs filed an amended complaint on November 3, 2020. In the amended complaint, the plaintiffs substituted some of the defendants to reflect new individuals occupying the relevant roles and to add additional responsible officials, including Deputy Director for Policy Edlow. The amended complaint argued that the Acting Secretary Wolf actions were invalid under the Federal Vacancies Reform Action, Homeland Security Act, and the Appointments Clause of the Constitution because he lacked proper authority to issue the Wolf Memorandum. In addition, the plaintiffs argued that the Wolf Memorandum and Edlow Memorandum violated the APA because Wolf and Edlow acted in an arbitrary and capricious manner. The plaintiffs sought declaratory relief and an injunction preventing the defendants from altering or limiting DACA program and vacating the Wolf and Edlow Memoranda.

The parties agreed to a briefing schedule on forthcoming motions for summary judgment.

Though the parties in this case have yet to file motions for summary judgment and the court has yet to rule on the plaintiffs' amended complaint, on December 4, the court in Batalla Vidal v. Nielsen and State of New York v. Trump ordered DHS to fully reinstate DACA as it existed prior to the attempted recession in September 2017 after it found that Acting Secretary Wolf was not lawfully serving as Acting Secretary. The order required DHS to accept initial DACA applications, accept advance parole applications, and grant DACA renewals for two-years. On December 7, 2020 USCIS updated their website and indicated that effective that day, USCIS would accept initial applications, extend one-year DACA renewals to two-years, and accept applications for advance parole.

Then, in early 2021, President Biden took office. On the day of his inauguration (January 20, 2021), President Biden signed a memorandum directing DHS and the Attorney General “to preserve and fortify DACA.” In light of potential additional agency action to implement the memorandum, the parties filed a joint stipulation to stay further proceedings and vacate pending deadlines on March 22, 2021. They agreed to provide the court with status updates every 60 days. The first is due May 24, 2021. This case is ongoing.

Summary Authors

Virginia Weeks (12/3/2017)

Virginia Weeks (11/8/2018)

Sam Kulhanek (2/17/2019)

Averyn Lee (6/18/2020)

Emily Kempa (5/14/2021)

Related Cases

Batalla Vidal v. Nielsen, Eastern District of New York (2016)

State of New York v. Trump, Eastern District of New York (2017)

State of California v. Department of Homeland Security, Northern District of California (2017)

City of San Jose v. Trump, Northern District of California (2017)

Garcia v. United States of America, Northern District of California (2017)

National Association for the Advancement of Colored People v. Trump, District of Columbia (2017)

Casa De Maryland v. U.S. Department of Homeland Security, District of Maryland (2017)

County of Santa Clara v. Trump, Northern District of California (2017)

Trustees of Princeton University v. U.S., District of Columbia (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6149669/parties/regents-of-university-of-california-v-united-states-department-of-homeland/


Judge(s)

Alsup, William Haskell (California)

Breyer, Stephen Gerald (District of Columbia)

Corley, Jacqueline Scott (California)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Kim, Sallie (California)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Almadani, Monica Marie-Ramirez (California)

Anguas Nyquist, Ashley Ciara (District of Columbia)

Judge(s)

Alsup, William Haskell (California)

Breyer, Stephen Gerald (District of Columbia)

Corley, Jacqueline Scott (California)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Kim, Sallie (California)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Almadani, Monica Marie-Ramirez (California)

Anguas Nyquist, Ashley Ciara (District of Columbia)

Becerra, Xavier (California)

Berengaut, Alexander A. (District of Columbia)

Berner, Nicole (District of Columbia)

Bersin, Alan Douglas (California)

Breuer, Lanny A. (District of Columbia)

Campion, Jacob (Minnesota)

Chahal, Harpreet Kaur (California)

Chemerinsky, Erwin (California)

Crowley, Megan Anne (District of Columbia)

Danitz, Brian (California)

Davidson, Jeffrey Michael (California)

Douglas, Erika M (California)

DuMont, Edward C. (District of Columbia)

Ellison, Keith (Minnesota)

Forbes, Carlton E. (District of Columbia)

Frey, Aaron M (Maine)

Friedlander, Julia M.C. (California)

Frosh, Brian E. (Maryland)

Galler, Kirsten (California)

Hamill, Norman J. (California)

Hansen, Greta Suzanne (California)

Helland, Kelsey J. (California)

Herman, Susan P. (Maine)

Jones, Breanna K. (California)

Kieschnick, Hannah (California)

Kushner, Andrew (California)

Leyton, Stacey M. (California)

Litman, Leah M. (California)

London, Judith Maura (California)

Long, Robert A. Jr. (District of Columbia)

Lynch, Mark H. (District of Columbia)

Mills, Janet T. (Maine)

Mincer, Jonathon Yakov (District of Columbia)

Mongan, Michael J. (California)

Morrisson, Hayley S. (District of Columbia)

Newman, Michael L. (California)

Passe, Julianna F. (Minnesota)

Patwardhan, Kimberly L (Maine)

Prevost, Tamarah P. (California)

Quinones, Marcelo (California)

Robinson, Charles Furlonge (California)

Rodgers, Megan Louise (California)

Rodriquez, Matthew (California)

Romero, Luis Cortes (California)

Rosenbaum, Mark Dale (California)

Rozen, Matthew S. (District of Columbia)

Saharsky, Nicole A. (District of Columbia)

Sanchez, Sonya U. (California)

Shah, Malhar (California)

Siegel, Samuel P. (California)

Soleimani, Jonathan N. (California)

Sullivan, Steven M. (Maryland)

Swanson, Lori (Minnesota)

Tribe, Laurence (Massachusetts)

Trice, Laura Susan (California)

Troncoso, Michael A (California)

Tullin, Leah J. (Massachusetts)

Ventresca, Ivano Michael (District of Columbia)

Watnick, David S. (California)

Williams, James Robyzad (California)

Wu, Margaret Louisa (California)

Yergin, Rebecca (District of Columbia)

Zahradka, James F. II (California)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Boynton, Brian M (District of Columbia)

Ellis, Jonathan Y. (District of Columbia)

Francisco, Noel (District of Columbia)

Giang, Albert (District of Columbia)

Harrell, J. Wells (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Leheny, Emma (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Pezzi, Stephen M. (District of Columbia)

Pulham, Thomas (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Shumate, Brett (District of Columbia)

Stern, Marc (District of Columbia)

Thorp, Galen N. (District of Columbia)

Tse, Alex G. (California)

Wall, Jeffrey B. (District of Columbia)

Wright, Abby C. (District of Columbia)

Other Attorney(s)

Alam, Lubna A. (District of Columbia)

Alger, Maureen P. (California)

Ambrose, D. Michael (California)

Andrade, Vibiana (California)

Arulanantham, Ahilan T (California)

Axelrod, Julie B. (District of Columbia)

Badlani, Chirag (Illinois)

Berger, Justin Theodore (California)

Bhabha, Ishan K (District of Columbia)

Bohorquez, Fernando A. (New York)

Boutrous, Theodore J. Jr. (California)

Bozio, Raoul (California)

Brown, Eric Prince (California)

Carome, Patrick J. (District of Columbia)

Carter, Margaret L. (California)

Chopra, Apalla U (California)

Clark, James Patrick (California)

Cooney, John F. (District of Columbia)

Coston, William D. (District of Columbia)

Crooks, James Wesley (District of Columbia)

Davis, Seth (California)

Dennehy, Johanna S. (District of Columbia)

Deol, John-Paul Singh (California)

Dettmer, Ethan D. (California)

Donovan, Andra M. (California)

Dundas, Michael Joseph (California)

Eiland, Katrina L. (California)

Feuer, Michael Nelson (California)

Fineman, Nancy L. (California)

Flores, Valerie L. (California)

Fresco, Michael N. (New York)

Gelernt, Lee (New York)

Geltzer, Joshua A. (District of Columbia)

Gertner, Leo (District of Columbia)

Goldhammer, Sean (District of Columbia)

Goldman, Lauren R (New York)

Gray, Danielle C. (New York)

Greenbaum, Jon M. (District of Columbia)

Gupta, Deepak (District of Columbia)

Hajela, Abhas (California)

Harrison, Lindsay C (District of Columbia)

Hauck, Brian (California)

Hausman, David (New York)

Hemel, Daniel (Illinois)

Hill, Phylicia (District of Columbia)

Holmquist, David (California)

Holtzblatt, Ari (District of Columbia)

Juran, Laura P. (California)

Kapur, Leela (California)

Karanjia, Peter (District of Columbia)

Kennelly, Kaitland McCann (New York)

Khan, Juvaria (District of Columbia)

Kochsiek, Blythe Golay (California)

Kolick, Joseph E. (Maryland)

Kolodin, Zachary J. F. (New York)

Lederer, Caryn C (Illinois)

Lee, Harry (District of Columbia)

Li, Joan Renxin (California)

Lienke, Jack (New York)

Lin, Karen (New York)

Lopez, Janine Marie (Massachusetts)

Loy, David (California)

Mangi, Adeel Abdullah (New York)

Martinez, Mario (California)

Mass, Julia Harumi (California)

Mathieson, Anna-Rose (California)

McCoy, Daniel J. (California)

McGinnis, James Landon (California)

Metlitsky, Anton (New York)

Nadolenco, John (California)

Negron, Francisco (Virginia)

Newell, Jennifer Chang (California)

O'Brien, Alice (District of Columbia)

Perez, Jose-Luis (New York)

Perrelli, Thomas J. (District of Columbia)

Persyn, Mary Kelly (California)

Piers, Matthew J. (Illinois)

Pincus, Andrew J. (District of Columbia)

Popovic, Neil A. Freidman (California)

Raymond, Bradley (District of Columbia)

Reed, Devora Navera (California)

Revesz, Richard L. (New York)

Rice, Daniel B. (District of Columbia)

Riley, Joshua P. (District of Columbia)

Rivlin, Judith (District of Columbia)

Rodriguez, Dariely (District of Columbia)

Ross, Mark S. (California)

Rothner, Glenn (California)

Saad, Martin L. (District of Columbia)

Scherb, Matthew Alex (California)

Schwartz, William J. (New York)

Shea, Patricia M. (District of Columbia)

Shebaya, Sirine (District of Columbia)

Sheffield, Kathryn M. (California)

Sheikh, Sameer Parvez (District of Columbia)

Sherman, Monique R (California)

Shin, Jean (California)

Smith, Deborah L. (District of Columbia)

Sokoler, Jennifer B (New York)

Spence, Dorian (District of Columbia)

Stevens, Eric E. (California)

Strom, David J. (District of Columbia)

Suvor, Daniel R (California)

Tan, Michael K. T. (New York)

Trainor, Sonja H. (Virginia)

Valdivieso, Juan P. (California)

Walta, Jason (District of Columbia)

Waxman, Seth (District of Columbia)

Wilson, Kara Corinne (New York)

Yama-Garcia, Elaine M. (California)

Yun, Jennifer J. (District of Columbia)

Zahradka [inactive], James (California)

Zalesin, Steven Alan (New York)

Zevin, Avi Benjamin (New York)

Documents in the Clearinghouse

Document

3:17-cv-05211

Docket [PACER]

Regents of University of California v. United States Department of Homeland Security

Nov. 24, 2020

Nov. 24, 2020

Docket
1

3:17-cv-05211

Complaint For Declaratory and Injunctive Relief

Regents of University of California v. United States Department of Homeland Security

Sept. 8, 2017

Sept. 8, 2017

Complaint
114

3:17-cv-05211

Defendants' Notion of Motion and Motion to Dismiss All N.D. Cal. DACA Cases; Memorandum in Support

Regents of University of California v. United States Department of Homeland Security

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief
111

3:17-cv-05211

Plaintiffs' Motion for Provisional Relief & Memorandum in Support

Regents of University of California v. United States Department of Homeland Security

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief
224

3:17-cv-05211

Per Curiam

In Re United States

Supreme Court of the United States

Dec. 21, 2017

Dec. 21, 2017

Order/Opinion
234

3:17-cv-05211

Order Denying FRCP 12(b)(1) Dismissal and Granting Provisional Relief

Regents of University of California v. DHS

Jan. 9, 2018

Jan. 9, 2018

Order/Opinion
239

3:17-cv-05211

Order Granting in Part Defendants' Motion to Dismiss Under FRCP 12(b)(6)

Regents of University of California v. DHS

Jan. 12, 2018

Jan. 12, 2018

Order/Opinion
10762501

18-15068

Appellants’ Opening Brief

U. S. Court of Appeals for the Ninth Circuit

Feb. 13, 2018

Feb. 13, 2018

Pleading / Motion / Brief
10797237

18-15068

18-15069

18-15070

18-15071

18-15072

18-15128

18-15133

18-15134

Principal and Response Brief of Appellees The Regents of The University of California, Janet Napolitano, and City of San Jose

U. S. Court of Appeals for the Ninth Circuit

March 13, 2018

March 13, 2018

Pleading / Motion / Brief
10797115

18-15068

18-15069

18-15070

18-15071

18-15072

18-15128

18-15133

18-15134

Principal and Response Brief of The States of California, Maine, Maryland, and Minnesota

U. S. Court of Appeals for the Ninth Circuit

March 13, 2018

March 13, 2018

Pleading / Motion / Brief

Resources

Title Description External URL Date / External URL

Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

Executive Office of the President

In 2012, during the Obama-Biden Administration, the Secretary of Homeland Security issued a memorandum outlining how, in the exercise of prosecutorial discretion, the Department of Homeland Security… Jan. 25, 2021

Jan. 25, 2021

https://www.federalregister.gov/...

Wolf v. Vidal

SCOTUS Blog

Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act.

June 18, 2020

June 18, 2020

https://www.scotusblog.com/...

Department of Homeland Security v. Regents of the University of California

Supreme Court of the United States

Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act.

June 18, 2020

June 18, 2020

https://www.scotusblog.com/...

Department of Homeland Security v. Regents of the University of California

Oyez

In 2012, the U.S. Department of Homeland Security (DHS) adopted a program—known as the Deferred Action for Childhood Arrivals (DACA)—to postpone the deportation of undocumented immigrants who had bee… June 28, 2019

June 28, 2019

https://www.oyez.org/...

University of California sues Trump administration on unlawful repeal of DACA program

UC Office of the President

The University of California today (Sept. 8) filed suit in federal court against the Trump administration for wrongly and unconstitutionally violating the rights of the University and its students by… Sept. 8, 2017

Sept. 8, 2017

https://www.universityofcalifornia.edu/...

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

Department of Homeland Security

"This memorandum rescinds the June 15, 2012 memorandum entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,' which established the prog… Sept. 5, 2017

Sept. 5, 2017

https://www.dhs.gov/...

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017

Jan. 25, 2017

https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017

Jan. 27, 2017

None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6149669/regents-of-university-of-california-v-united-states-department-of-homeland/

Last updated Nov. 21, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Elaine Duke, United States Department of Homeland Security ( Filing fee $ 400, receipt number 0971-11699295). Filed by Regents of University of California, Janet Napolitano. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Davidson, Jeffrey) (Filed on 9/8/2017) Modified on 9/11/2017 (slhS, COURT STAFF). (Entered: 09/08/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Civil Cover Sheet

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Sept. 8, 2017

Sept. 8, 2017

RECAP
2

Certificate of Interested Entities by Janet Napolitano, Regents of University of California -- Federal Rule of Civil Procedure 7.1 Disclosure Statement and Local Rule 3-15 Certification of Interested Entities or Persons (Davidson, Jeffrey) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
3

Proposed Summons. (Davidson, Jeffrey) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
4

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11700312.) filed by Janet Napolitano, Regents of University of California. (Anguas Nyquist, Ashley) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
5

Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/22/2017. (jmlS, COURT STAFF) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
6

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11701332.) filed by Janet Napolitano, Regents of University of California. (Ventresca, Ivano) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
7

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11701680.) filed by Janet Napolitano, Regents of University of California. (Breuer, Lanny) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
8

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11701891.) filed by Janet Napolitano, Regents of University of California. (Berengaut, Alexander) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11701967.) filed by Janet Napolitano, Regents of University of California. (Lynch, Mark) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
10

NOTICE of Appearance by Monica Marie-Ramirez Almadani on behalf of Plaintiffs (Almadani, Monica) (Filed on 9/8/2017) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
11

ORDER by Magistrate Judge Jacqueline Scott Corley granting 4 Motion for Pro Hac Vice as to Ashley Nyquist. (ahm, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
12

ORDER by Magistrate Judge Jacqueline Scott Corley granting 6 Motion for Pro Hac Vice as to Ivano Ventresca.(ahm, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
13

ORDER by Magistrate Judge Jacqueline Scott Corley granting 7 Motion for Pro Hac Vice as to Lanny Breuer. (ahm, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
14

ORDER by Magistrate Judge Jacqueline Scott Corley granting 8 Motion for Pro Hac Vice as to Alexander Berengaut (ahm, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
15

ORDER by Magistrate Judge Jacqueline Scott Corley granting 9 Motion for Pro Hac Vice as to Mark Lynch. (ahm, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
16

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Janet Napolitano, Regents of University of California.. (Davidson, Jeffrey) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
17

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/30/2017. Initial Case Management Conference set for 12/7/2017 01:30 PM in Courtroom F, 15th Floor, San Francisco. (slhS, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
18

Summons Issued as to Elaine Duke, United States Department of Homeland Security. (slhS, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
19

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 9/12/2017) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
20

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William Alsup for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on 9/12/17. (Attachments: # 1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 9/12/2017) (Entered: 09/12/2017)

1 Notice of Eligibility for Video Recording

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Sept. 12, 2017

Sept. 12, 2017

PACER
21

NOTICE of Appearance by Alan Douglas Bersin on behalf of Plaintiffs (Bersin, Alan) (Filed on 9/12/2017) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
22

ORDER SETTING CASE MANAGEMENT CONFERENCE Initial Case Management Conference set for 9/21/2017 10:30 AM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge Alsup on 9/12/2017. (whalc1, COURT STAFF) (Filed on 9/12/2017) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

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23

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 22 Order, Set Hearings. Signed by Judge William Alsup on 8/1/17. (dl, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP
24

MOTION for leave to appear in Pro Hac Vice on behalf of Plaintiffs ( Filing fee $ 310, receipt number 0971-11711574.) filed by Janet Napolitano, Regents of University of California. (Crowley, Megan) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
25

Clerk's Notice of Video Recording Request. Video Camera hearing set for 9/21/2017 10:30 AM. Objections to Video Recording due 9/20/2017. (dl, COURT STAFF) (Filed on 9/13/2017) Modified on 9/13/2017 (dl, COURT STAFF). (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
26

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY MEGAN CROWLEY PRO HAC VICE by Hon. William Alsup granting 24 Motion for Pro Hac Vice.(whalc1, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP

Set/Reset Hearing Video Camera hearing set for 9/21/2017 10:30 AM. (dl, COURT STAFF) (Filed on 9/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER

Set/Reset Hearings

Sept. 13, 2017

Sept. 13, 2017

PACER
27

CERTIFICATE OF SERVICE by Janet Napolitano, Regents of University of California re 2 Certificate of Interested Entities, 22 Order, Set Hearings, 23 SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE, 21 Notice of Appearance, 17 Initial Case Management Scheduling Order with ADR Deadlines, 10 Notice of Appearance, 14 Order on Motion for Pro Hac Vice, 15 Order on Motion for Pro Hac Vice, 1 Complaint, 18 Summons Issued, 16 Consent/Declination to Proceed Before a US Magistrate Judge, 20 Order Reassigning Case,, Case Assigned/Reassigned, 25 Clerk's Notice of Video Recording Request, 12 Order on Motion for Pro Hac Vice, 11 Order on Motion for Pro Hac Vice, 13 Order on Motion for Pro Hac Vice (Ventresca, Ivano) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
28

NOTICE of Appearance by Stephen M. Pezzi (Pezzi, Stephen) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
29

STIPULATION WITH PROPOSED ORDER filed by Elaine Duke, United States Department of Homeland Security. (Pezzi, Stephen) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
30

ORDER RE CASE MANAGEMENT CONFERENCE by Hon. William Alsup finding as moot 29 Stipulation.(whalc1, COURT STAFF) (Filed on 9/14/2017) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

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31

NOTICE of Appearance by Brad Prescott Rosenberg (Rosenberg, Brad) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
32

CERTIFICATE OF SERVICE by Janet Napolitano, Regents of University of California re 1 Complaint, (Ventresca, Ivano) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
33

MOTION to Relate Case filed by State of California, State of Maine, State of Maryland, State of Minnesota. (Zahradka, James) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

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34

STIPULATION WITH PROPOSED ORDER re 33 MOTION to Relate Case filed by State of California, State of Maine, State of Maryland, State of Minnesota. (Zahradka, James) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
35

Declaration of James F. Zahradka II in Support of 33 MOTION to Relate Case filed byState of California, State of Maine, State of Maryland, State of Minnesota. (Attachments: # 1 Exhibit Exhibit A)(Related document(s) 33 ) (Zahradka, James) (Filed on 9/15/2017) (Entered: 09/15/2017)

1 Exhibit Exhibit A

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Sept. 15, 2017

Sept. 15, 2017

PACER

Electronic filing error. Re:27 Certificate of Service filed by Regents of University of California, Janet Napolitano. Please re-file in its entirety; Page 5 appears to be "corrupted". (sxbS, COURT STAFF) (Filed on 9/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER

Electronic filing error. Re: 27 Certificate of Service filed by Regents of University of California, Janet Napolitano. Please re-file in its entirety; Page 5 appears to be "corrupted". (sxbS, COURT STAFF) (Filed on 9/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
36

ORDER RELATING CASES by Judge Alsup granting 33 Motion to Relate Case; granting 34 Stipulation (whalc1, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

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37

NOTICE RE SEPTEMBER 21 CASE MANAGEMENT CONFERENCE Signed by Judge Alsup on 9/18/2017. (whalc1, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

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38

MOTION to Relate Case filed by City Of San Jose. (Attachments: # 1 Declaration of Nancy L. Fineman in support of Administrative Motion of City of San Jose to Consider Whether Cases Should be Related, # 2 Exhibit 1 to Declaration of Nancy L. Fineman in support of Administrative Motion of City of San Jose to Consider Whether Cases Should be Related, # 3 Exhibit 2 to Declaration of Nancy L. Fineman in support of Administrative Motion of City of San Jose to Consider Whether Cases Should be Related, # 4 Exhibit 3 to Declaration of Nancy L. Fineman in support of Administrative Motion of City of San Jose to Consider Whether Cases Should be Related, # 5 Proposed Order Granting Administrative Motion of City of San Jose to Consider Whether Cases should be Related)(Fineman, Nancy) (Filed on 9/18/2017) (Entered: 09/18/2017)

1 Declaration of Nancy L. Fineman in support of Administrative Motion of City of S

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2 Exhibit 1 to Declaration of Nancy L. Fineman in support of Administrative Motion

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3 Exhibit 2 to Declaration of Nancy L. Fineman in support of Administrative Motion

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4 Exhibit 3 to Declaration of Nancy L. Fineman in support of Administrative Motion

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5 Proposed Order Granting Administrative Motion of City of San Jose to Consider Wh

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Sept. 18, 2017

Sept. 18, 2017

PACER
39

MOTION to Relate Case and Stipulation and [Proposed] Order filed by Dulce Garcia, Viridiana Chabolla Mendoza, Miriam Gonzalez Avila, Norma Ramirez, Saul Jimenez Suarez, Jirayut Latthivongskorn. (Attachments: # 1 Declaration of Ethan D. Dettmer, # 2 Exhibit A to Declaration of Ethan D. Dettmer, # 3 Stipulation and [Proposed] Order, # 4 Certificate/Proof of Service)(Boutrous, Theodore) (Filed on 9/19/2017) (Entered: 09/19/2017)

1 Declaration of Ethan D. Dettmer

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2 Exhibit A to Declaration of Ethan D. Dettmer

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3 Stipulation and [Proposed] Order

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4 Certificate/Proof of Service

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Sept. 19, 2017

Sept. 19, 2017

PACER
40

NOTICE of Appearance by Brett A. Shumate (Shumate, Brett) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
41

ORDER RELATING CASES by Hon. William Alsup granting (39) Motion to Relate Case in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA(whalc1, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

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42

STIPULATION WITH PROPOSED ORDER re 38 MOTION to Relate Case filed by City Of San Jose. (Fineman, Nancy) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
43

ORDER RELATING CASES by Judge Alsup granting (38) Motion to Relate Case; granting (42) Stipulation in case 3:17-cv-05211-WHA (whalc1, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

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44

Clerk's Notice CONSENTING TO Video Recording re: 25 Clerk's Notice of Video Recording Request. (Related documents(s) 25 ) (tlS, COURT STAFF) (Filed on 9/21/2017) (tlS, COURT STAFF). Modified on 9/22/2017 (tlS, COURT STAFF). (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
45

TRANSCRIPT ORDER for proceedings held on 09/21/2017 before Hon. William Alsup by Elaine Duke, United States Department of Homeland Security, for Court Reporter Jo Ann Bryce. (Rosenberg, Brad) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
46

TRANSCRIPT ORDER for proceedings held on September 21, 2017 before Hon. William Alsup by City Of San Jose, for Court Reporter Jo Ann Bryce. (Fineman, Nancy) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
47

TRANSCRIPT ORDER for proceedings held on 09/21/2017 before Hon. William Alsup by UC Regents, for Court Reporter Jo Ann Bryce. (Ventresca, Ivano) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
48

NOTICE of Appearance by Erika M. Douglas on behalf of plaintiffs (Douglas, Erika) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
49

CASE MANAGEMENT SCHEDULING ORDER FOR ALL DACA ACTIONS IN THIS DISTRICT: Bench Trial set for 2/5/2018 07:30 AM before Hon. William Alsup. Motion Hearing set for 12/20/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Pretrial Conference set for 1/24/2018 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 9/22/2017. (whalc1, COURT STAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

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50

CERTIFICATE OF SERVICE by Viridiana Chabolla Mendoza, Dulce Garcia, Miriam Gonzalez Avila, Saul Jimenez Suarez, Jirayut Latthivongskorn, Norma Ramirez re 49 Case Management Scheduling Order, (Boutrous, Theodore) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
51

Letter from STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL RE EQUITABLE ESTOPPEL. (Zahradka, James) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

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52

Transcript of Proceedings held on 9/21/17, before Judge William H. Alsup. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (45 in 3:17-cv-05211-WHA) Transcript Order ) Release of Transcript Restriction set for 12/21/2017. (jabS, COURTSTAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

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Set/Reset Hearing Tutorial Hearing set for 10/3/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco. (whasec, COURT STAFF) (Filed on 9/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

Set/Reset Hearings

Sept. 22, 2017

Sept. 22, 2017

PACER
53

FURTHER NOTICE RE TUTORIAL re (12 in 3:17-cv-05380-WHA) Case Management Scheduling Order, Signed by Judge Alsup on 9/25/2017. (whalc1, COURT STAFF) (Filed on 9/25/2017) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

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54

NOTICE OF REFERRAL FOR DISCOVERY. Signed by Magistrate Judge Sallie Kim on 9/25/2017. (Attachments: # 1 Magistrate Judge Kim's Standing Order)(mklS, COURT STAFF) (Filed on 9/25/2017) (Entered: 09/25/2017)

1 Standing Order

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Sept. 25, 2017

Sept. 25, 2017

PACER
55

Minute Entry for proceedings held before William Alsup: Initial Case Management Conference held on 9/21/2017. Motion(s) hearing set for 12/20/2017 at 8:00 AM. Tutorial set for 10/3/2017 at 8:00 AM. Final Pretrial Conference set for 1/24/2018 at 2:00 PM. Bench Trial set for 2/5/2018 at 7:30 AM. Case referred to Magistrate Sallie Kim for Discovery.Total Time in Court: 1:22. Court Reporter: Jo Ann Bryce. Plaintiff Attorney: Jeffrey Davidson; Alexander Berengaut; Alex Covington; Mark Lynch; James Zahradka; Nancy Fineman; Mark Rosenbaum; Ethan Dettmer. Defendant Attorney: Brad Rosenberg; Sara Winslow; Brett Shumate. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 9/25/2017) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

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Case Referred to Magistrate Judge for Discovery

Sept. 26, 2017

Sept. 26, 2017

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CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (ahm, COURT STAFF) (Filed on 9/26/2017)

Sept. 26, 2017

Sept. 26, 2017

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56

NOTICE of Appearance by Jonathan Yakov Mincer on behalf of Plaintiffs (Mincer, Jonathan) (Filed on 9/27/2017) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
57

STIPULATION WITH PROPOSED ORDER re 49 Case Management Scheduling Order, filed by Elaine Duke, United States Department of Homeland Security. (Rosenberg, Brad) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
58

ORDER GRANTING STIPULATION REGARDING CASE MANAGEMENT ORDER by Judge William Alsup granting (57) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

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59

NOTICE of Appearance by Jeffrey S. Robins (Robins, Jeffrey) (Filed on 10/2/2017) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
60

Minute Entry for proceedings held before Judge William Alsup: Tutorial Hearing held on 10/3/2017.Total Time in Court: 2 Hours, 15 Minutes. Court Reporter: Belle Ball. Plaintiffs' Attorneys: Regents: Jeffrey Davidson, Mark Lynch, Monica Almadani; Garcia: Mark Rosenbaum, Kelsey Helland, Ethan Dettmer, Luis Romero; City of San Jose: Nancy Fineman; State of CA: James Zahradka, Ronald Lee. Defendant's Attorneys: Brad Rosenberg, Jeffrey Robins.Also Present via Videoconference: District Judge Nicholas Garaufis (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 10/3/2017) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

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61

NOTICE of Appearance by Kate Bailey (Bailey, Kate) (Filed on 10/4/2017) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
62

TRANSCRIPT ORDER for proceedings held on 10/3/2017 before Judge William Alsup by Janet Napolitano, UC Regents, for Court Reporter Belle Ball. (Davidson, Jeffrey) (Filed on 10/4/2017) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
63

Transcript of Proceedings held on October 3, 2017, before Judge William H. Alsup. Court Reporter Belle Ball, CSR, CRR, RDR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (62 in 3:17-cv-05211-WHA) Transcript Order, (24 in 3:17-cv-05329-WHA) Transcript Order ) Release of Transcript Restriction set for 1/3/2018. (ballbb15S, COURT STAFF) (Filed on 10/5/2017) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
64

NOTICE by Elaine Duke, United States Department of Homeland Security of Filing of Administrative Record (Attachments: # 1 Ex. 1 - Administrative Record)(Pezzi, Stephen) (Filed on 10/6/2017) (Entered: 10/06/2017)

1 Ex. 1 - Administrative Record

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Oct. 6, 2017

Oct. 6, 2017

PACER
65

MOTION for an Order Directing Defendants to Complete the Administrative Record filed by Janet Napolitano, UC Regents. Motion Hearing set for 10/12/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Judge William Alsup. Responses due by 10/10/2017. Replies due by 10/11/2017. (Attachments: # 1 Declaration of Jeffrey M. Davidson, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Davidson, Jeffrey) (Filed on 10/9/2017) (Entered: 10/09/2017)

1 Declaration of Jeffrey M. Davidson

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2 Exhibit 1

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3 Exhibit 2

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4 Proposed Order

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Oct. 9, 2017

Oct. 9, 2017

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66

Emergency MOTION to Shorten Time filed by Janet Napolitano, UC Regents. (Attachments: # 1 Declaration of Jeffrey M. Davidson, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Davidson, Jeffrey) (Filed on 10/9/2017) (Entered: 10/09/2017)

1 Declaration of Jeffrey M. Davidson

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Proposed Order

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Oct. 9, 2017

Oct. 9, 2017

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67

ORDER SHORTENING TIME FOR BRIEFING ON MOTION TO COMPLETE ADMINISTRATIVE RECORD by Judge William Alsup re 66 Motion to Shorten Time in case 3:17-cv-05211-WHA. Motion Hearing set for 10/16/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco before Judge William Alsup.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 10/10/2017) Modified on 10/10/2017 (afmS, COURT STAFF). (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
68

CLERK'S NOTICE RESCHEDULING MOTION HEARING: 65 MOTION for an Order Directing Defendants to Complete the Administrative Record rescheduled to 10/16/2017 at 11:00 AM in Courtroom 8, 19th Floor, San Francisco before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.). (afmS, COURT STAFF) (Filed on 10/10/2017) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
69

MOTION to Relate Case filed by County of Santa Clara, SEIU Local 521. (Attachments: # 1 Declaration of Eric P. Brown, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Brown, Eric) (Filed on 10/10/2017) (Entered: 10/10/2017)

1 Declaration of Eric P. Brown

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2 Proposed Order

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3 Certificate/Proof of Service

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Oct. 10, 2017

Oct. 10, 2017

PACER
70

Clerk's Notice of Video Recording Request. Video Camera hearing set for 10/16/2017 11:00 AM. Objections to Video Recording due 10/13/2017. (afmS, COURT STAFF) (Filed on 10/11/2017) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

RECAP
71

OPPOSITION/RESPONSE (re 65 MOTION for an Order Directing Defendants to Complete the Administrative Record ) filed byElaine Duke, United States Department of Homeland Security. (Attachments: # 1 Declaration, # 2 Privilege Log, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration)(Bailey, Kate) (Filed on 10/12/2017) (Entered: 10/12/2017)

1 Declaration

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2 Privilege Log

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3 Declaration

View on PACER

4 Declaration

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5 Declaration

View on PACER

6 Declaration

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Oct. 12, 2017

Oct. 12, 2017

RECAP
72

REPLY (re 65 MOTION for an Order Directing Defendants to Complete the Administrative Record ) filed byJanet Napolitano, UC Regents. (Davidson, Jeffrey) (Filed on 10/13/2017) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
73

Clerk's Notice CONSENTING TO Video Recording re: 70 Clerk's Notice of Video Recording Request. (Related documents(s) 70 )(afmS, COURT STAFF) (Filed on 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
74

TRANSCRIPT ORDER for proceedings held on 10/16/2017 before Judge William Alsup by Elaine Duke, United States Department of Homeland Security, for Court Reporter Pam Batalo. (Rosenberg, Brad) (Filed on 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
75

Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 10/16/2017 re (65 in 3:17-cv-05211-WHA) MOTION for an Order Directing Defendants to Complete the Administrative Record filed by UC Regents, Janet Napolitano. Written Order to issue. Total Time in Court: 1:15. Court Reporter: Pamela Batalo. Plaintiff Attorney: Jeffery Davidson (Regents)Plaintiff Attorney: James Zahradka (State of CA)Plaintiff Attorney: Nancy Fineman (City of San Jose)Plaintiff Attorney: Kevin Yea (Garcia) Defendant Attorney: Brad Rosenberg (all defendants). (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
76

ORDER RELATING CASE by Judge William Alsup granting (69) Motion to Relate Case in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA(whalc1, COURT STAFF) (Filed on 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
77

TRANSCRIPT ORDER for proceedings held on 10/16/2017 before Judge William Alsup by Janet Napolitano, UC Regents, for Court Reporter Pam Batalo. (Davidson, Jeffrey) (Filed on 10/16/2017) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
78

Transcript of Proceedings held on 10/16/17, before Judge Alsup. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (74 in 3:17-cv-05211-WHA) Transcript Order ) Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/16/2018. (Batalo, Pam) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

RECAP
79

ORDER RE MOTION TO COMPLETE ADMINISTRATIVE RECORD by Judge William Alsup granting in part and denying in part (65) Motion Complete Administrative Record in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

RECAP
80

ORDER TO COMPILE SUPPLEMENT FORTHWITH re (12 in 3:17-cv-05813-WHA) Order on Motion for Miscellaneous Relief, Signed by Judge Alsup on 10/18/2017. (whalc1, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP
81

MOTION to Stay re 79 Order on Motion for Miscellaneous Relief, Stay All Proceedings Pending Resolution of Petition for Writ of Mandamus filed by Elaine Duke, United States Department of Homeland Security. Motion Hearing set for 10/20/2017 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Judge William Alsup. Responses due by 10/19/2017. (Attachments: # 1 Proposed Order)(Rosenberg, Brad) (Filed on 10/18/2017) (Entered: 10/18/2017)

1 Proposed Order

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Oct. 18, 2017

Oct. 18, 2017

RECAP
82

STIPULATION WITH PROPOSED ORDER re 81 MOTION to Stay re 79 Order on Motion for Miscellaneous Relief, Stay All Proceedings Pending Resolution of Petition for Writ of Mandamus re: Shortened Briefing Schedule filed by Elaine Duke, United States Department of Homeland Security. (Rosenberg, Brad) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP
83

ORDER ADOPTING STIPULATED BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO STAY ALL PROCEEDINGS by Judge William Alsup granting (82) Stipulation in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
84

OPPOSITION/RESPONSE (re 81 MOTION to Stay re 79 Order on Motion for Miscellaneous Relief, Stay All Proceedings Pending Resolution of Petition for Writ of Mandamus ) filed byJanet Napolitano, UC Regents. (Attachments: # 1 Declaration of Jesse S. Gabriel, # 2 Exhibit A)(Davidson, Jeffrey) (Filed on 10/19/2017) (Entered: 10/19/2017)

1 Declaration of Jesse S. Gabriel

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2 Exhibit A

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Oct. 19, 2017

Oct. 19, 2017

PACER
85

ORDER RE MOTION TO STAY PROCEEDINGS by Judge William Alsup denying (81) Motion to Stay in case 3:17-cv-05211-WHA.Associated Cases: 3:17-cv-05211-WHA, 3:17-cv-05235-WHA, 3:17-cv-05329-WHA, 3:17-cv-05380-WHA, 3:17-cv-05813-WHA(whalc1, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP

Terminate Hearing re (15 in 3:17-cv-05813-WHA) Order on Stipulation, (whalc1, COURT STAFF) (Filed on 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER

Set/Reset Hearings

Oct. 19, 2017

Oct. 19, 2017

PACER
86

NOTICE by Elaine Duke, United States Department of Homeland Security of Filing of Petition for Writ of Mandamus (Attachments: # 1 Petition for Writ of Mandamus)(Rosenberg, Brad) (Filed on 10/20/2017) (Entered: 10/20/2017)

1 Petition for Writ of Mandamus

View on PACER

Oct. 20, 2017

Oct. 20, 2017

PACER
95

USCA Case Number 17-72917 USCA 9th Circuit re Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 10/20/2017) (Entered: 10/24/2017)

Oct. 20, 2017

Oct. 20, 2017

RECAP
96

ORDER of USCA re Petition for Writ of Mandamus (sxbS, COURT STAFF) (Filed on 10/20/2017) (Entered: 10/24/2017)

Oct. 20, 2017

Oct. 20, 2017

RECAP
87

ANSWER BY DISTRICT COURT TO PETITION FOR WRIT OF MANDAMUS Signed by Judge Alsup on 10/23/2017. (whalc1, COURT STAFF) (Filed on 10/23/2017) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

RECAP
88

Discovery Letter BriefJOINT LETTER BRIEF REGARDING DEPOSITION OF ACTING SECRETARY OF HOMELAND SECURITY DUKE filed by State of California, State of Maine, State of Maryland, State of Minnesota. (Zahradka, James) (Filed on 10/23/2017) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 8, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Regents of the University of California and Janet Napolitano in her official capacity as President of the University of California

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None yet

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

Immigration status

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Employment

Legalization/Amnesty

Status/Classification

Undocumented immigrants - rights and duties

Work authorization - criteria

Work authorization - procedures