Filed: Aug. 04, 2020
Latest Update: Aug. 04, 2020
Summary: 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 prede
Summary: 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 predec..
More
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,
v.
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,
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-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,
v.
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,
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.
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.