Uc Regents v. Usdhs

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 4, 2020
• Docket: 18-15068
• Status: Published

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

REGENTS OF THE UNIVERSITY No. 18-15068 OF CALIFORNIA; JANET NAPOLITANO, in her official D.C. No. capacity as President of the 3:17-cv-05211-WHA University of California, Plaintiffs-Appellees,

v.

U.S. DEPARTMENT OF HOMELAND SECURITY; CHAD F. WOLF, * in his official capacity as Acting Secretary of the Department of Homeland Security, Defendants-Appellants.

* Chad F. Wolf and William P. Barr are substituted in place of their predecessors. Fed. R. App. P. 43(c)(2). 2 REGENTS OF THE UNIV. OF CAL. V. USDHS

STATE OF CALIFORNIA; STATE No. 18-15069 OF MAINE; STATE OF MINNESOTA; STATE OF D.C. No. MARYLAND, 3:17-cv-05235-WHA Plaintiffs-Appellees,

U.S. DEPARTMENT OF HOMELAND SECURITY; CHAD F. WOLF, in his official capacity as Acting Secretary of the Department of Homeland Security; UNITED STATES OF AMERICA, Defendants-Appellants.

CITY OF SAN JOSE, No. 18-15070 Plaintiff-Appellee, D.C. No. v. 3:17-cv-05329-WHA

DONALD J. TRUMP, President of the United States, in his official capacity; CHAD F. WOLF, in his official capacity as Acting Secretary of the Department of Homeland Security; UNITED STATES OF AMERICA, Defendants-Appellants. REGENTS OF THE UNIV. OF CAL. V. USDHS 3

DULCE GARCIA; MIRIAM No. 18-15071 GONZALEZ AVILA; SAUL JIMENEZ SUAREZ; VIRIDIANA D.C. No. CHABOLLA MENDOZA; 3:17-cv-05380-WHA JIRAYUT LATTHIVONGSKORN; NORMA RAMIREZ, Plaintiffs-Appellees,

UNITED STATES OF AMERICA; DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; CHAD F. WOLF, in his official capacity as Acting Secretary of the Department of Homeland Security, Defendants-Appellants. 4 REGENTS OF THE UNIV. OF CAL. V. USDHS

COUNTY OF SANTA CLARA; No. 18-15072 SERVICE EMPLOYEES INTERNATIONAL UNION D.C. No. LOCAL 521, 3:17-cv-05813-WHA Plaintiffs-Appellees,

DONALD J. TRUMP, in his official capacity as President of the United States; WILLIAM P. BARR, Attorney General; CHAD F. WOLF, in his official capacity as Acting Secretary of the Department of Homeland Security; U.S. DEPARTMENT OF HOMELAND SECURITY, Defendants-Appellants. REGENTS OF THE UNIV. OF CAL. V. USDHS 5

REGENTS OF THE No. 18-15128 UNIVERSITY OF CALIFORNIA; JANET NAPOLITANO, In her D.C. Nos. official capacity as President 3:17-cv-05211-WHA of the University of 3:17-cv-05235-WHA California; STATE OF 3:17-cv-05329-WHA CALIFORNIA; STATE OF 3:17-cv-05380-WHA MAINE; STATE OF 3:17-cv-05813-WHA MINNESOTA; STATE OF MARYLAND; CITY OF SAN JOSE; DULCE GARCIA; MIRIAM GONZALEZ AVILA; SAUL JIMENEZ SUAREZ; VIRIDIANA CHABOLLA MENDOZA; JIRAYUT LATTHIVONGSKORN; NORMA RAMIREZ; COUNTY OF SANTA CLARA; SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521, Plaintiffs-Appellees,

v. 6 REGENTS OF THE UNIV. OF CAL. V. USDHS

UNITED STATES OF AMERICA; DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; CHAD F. WOLF, in his official capacity as Acting Secretary of the Department of Homeland Security, Defendants-Appellants. REGENTS OF THE UNIV. OF CAL. V. USDHS 7

REGENTS OF THE No. 18-15133 UNIVERSITY OF CALIFORNIA; JANET NAPOLITANO, in her D.C. Nos. official capacity as President 3:17-cv-05211-WHA of the University of 3:17-cv-05235-WHA California; STATE OF 3:17-cv-05329-WHA CALIFORNIA; STATE OF 3:17-cv-05380-WHA MAINE; STATE OF 3:17-cv-05813-WHA MINNESOTA; STATE OF MARYLAND; CITY OF SAN JOSE; DULCE GARCIA; MIRIAM GONZALEZ AVILA; SAUL JIMENEZ SUAREZ; VIRIDIANA CHABOLLA MENDOZA; JIRAYUT LATTHIVONGSKORN; NORMA RAMIREZ, Plaintiffs-Appellants,

UNITED STATES OF AMERICA; DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; CHAD F. WOLF, in his official capacity as Acting Secretary of the Department of Homeland Security, Defendants-Appellees. 8 REGENTS OF THE UNIV. OF CAL. V. USDHS

DULCE GARCIA; MIRIAM No. 18-15134 GONZALEZ AVILA; SAUL JIMENEZ SUAREZ; VIRIDIANA D.C. Nos. CHABOLLA MENDOZA; NORMA 3:17-cv-05211-WHA RAMIREZ; JIRAYUT 3:17-cv-05235-WHA LATTHIVONGSKORN; COUNTY 3:17-cv-05329-WHA OF SANTA CLARA; SERVICE 3:17-cv-05380-WHA EMPLOYEES INTERNATIONAL 3:17-cv-05813-WHA UNION LOCAL 521, Plaintiffs-Appellants, ORDER v.

UNITED STATES OF AMERICA; DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; CHAD F. WOLF, in his official capacity as Acting Secretary of the Department of Homeland Security, Defendants-Appellees.

On Remand From The United States Supreme Court

Filed August 4, 2020

Before: Kim McLane Wardlaw, Jacqueline H. Nguyen, and John B. Owens, Circuit Judges.

Order REGENTS OF THE UNIV. OF CAL. V. USDHS 9

ORDER

In light of the Supreme Court’s decision in Department of Homeland Security v. Regents of the University of California, 140 S. Ct. 1891 (2020), we remand these cases to the district court for further proceedings consistent with the Supreme Court’s opinion, which held that the Department of Homeland Security’s rescission of the Deferred Action for Childhood Arrivals program “was arbitrary and capricious in violation of the [Administrative Procedure Act],” id. at 1915.

IT IS SO ORDERED. The mandate shall issue forthwith.