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REGENTS OF THE UNIVERSITY OF CALIFORNIA v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, C 17-05211 WHA (2017)

Court: District Court, N.D. California Number: infdco20171024h94 Visitors: 18
Filed: Oct. 23, 2017
Latest Update: Oct. 23, 2017
Summary: ANSWER BY DISTRICT COURT TO PETITION FOR WRIT OF MANDAMUS WILLIAM ALSUP , District Judge . The district court thanks our court of appeals for the invitation to answer the petition. Time is of the essence because of the March 5 date set by the Department of Homeland Security to end DACA. All agreed on a schedule for all motions, all to be heard in time to decide and to present the case to the appellate court before the end date. All agreed that the administrative record would be filed but th
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ANSWER BY DISTRICT COURT TO PETITION FOR WRIT OF MANDAMUS

The district court thanks our court of appeals for the invitation to answer the petition. Time is of the essence because of the March 5 date set by the Department of Homeland Security to end DACA. All agreed on a schedule for all motions, all to be heard in time to decide and to present the case to the appellate court before the end date. All agreed that the administrative record would be filed but the version eventually filed had shortfalls, so federal defendants were ordered to complete the record, an order that evidently provoked the instant mandamus effort. The district court is of the view that a stay of all proceedings would be unwise in light of the termination date of March 5 and the need to adjudicate the case before that deadline. If the court of appeals nevertheless imposes a stay, then the district court asks that consideration be given to exempting motions for provisional relief.

Source:  Leagle

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