DACA holds strong in the 9th Circuit


A panel of three judges in the United States Court of Appeals for the 9th Circuit all ruled against the Trump Administration by upholding the preliminary injunction maintaining DACA (see here for further information regarding the current state of DACA). In reaching its decision, (2 judges on) the panel concluded that the preliminary injunction must be upheld as California (and the other plaintiffs) will likely succeed in their claim that the Trump Administration's decision to end DACA was arbitrary and capricious and the panel also concluded that the preliminary injunction must be upheld due to the Plaintiff's plausible equal protection claim. This decision, issued Thursday, November 8, was based on oral arguments heard by the court in May. Last week, the Trump Administration petitioned the Supreme Court (again) to hear the DACA cases directly. The Trump Administration hopes that the Supreme Court will hear the DACA cases this term.

If you are a DACA holder and wish to remain in the U.S. indefinitely, you may want to contact an immigration attorney to discuss your case including discussing other possible options for remaining in the U.S. indefinitely.

***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***

Sources:

(1) https://www.pbs.org/newshour/nation/appeals-court-rules-against-trump-administration-on-daca-immigration-program

(2) https://www.nytimes.com/2018/11/08/us/daca-dreamers-9th-circuit.html

(3) http://cdn.ca9.uscourts.gov/datastore/general/2018/11/08/18-15068%20Opinion.pdf

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