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Department of Homeland Security, et al. v. Regents of the University of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15068

Certiorari denied · February 26, 2018
Pre-decision estimate: 46% cert probability (95% interval 33%–60%)

Before the decision, about 11.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.

Questions presented

This dispute concerns the policy of immigration enforcement discretion known as Deferred Action for Childhood Arrivals (DACA). In 2016, this Court affirmed, by an equally divided Court, a decision of the Fifth Circuit holding that two related Department of Homeland Security (DHS) enforcement policies, including an expansion of the DACA policy, were likely unlawful and should be enjoined. See United States v. Texas, 136 S. Ct. 2271 (per curiam). In September 2017, the former Acting Secretary of Homeland Security determined that the original DACA policy would likely be struck down by the courts on the same grounds and that the policy was unlawful. Accordingly, she instituted an orderly wind-down of the DACA policy. The district court here concluded that respondents are likely to succeed in proving that the Acting Secretary’s decision to rescind the DACA policy was arbitrary and capricious, and it enjoined DHS from rescinding it on a nationwide basis while this litigation proceeds. The questions presented are as follows:

  1. Whether the Acting Secretary’s decision to wind down the DACA policy is judicially reviewable.

  2. Whether the Acting Secretary’s decision to wind down the DACA policy is lawful. (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Theodore J. Boutrous Jr.
Gibson, Dunn & Crutcher LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 merits
(3 supporting pet./neither)

Proceedings

  1. Feb 26 2018
    Petition for a writ of certiorari before judgment DENIED without prejudice. It is assumed that the Court of Appeals will proceed expeditiously to decide this case.
  2. Feb 20 2018
    DISTRIBUTED for Conference of 2/23/2018.
  3. Feb 15 2018
    Letter of February 14, 2018 from the Solicitor General received. (Distributed)
  4. Feb 07 2018
    Reply of petitioners Department of Homeland Security, et al. filed. (Distributed)
  5. Feb 02 2018
    Brief of respondents States of California, et al. in opposition filed. (Distributed)
  6. Feb 02 2018
    Brief of respondents Regents of the University of California; Janet Napolitano, President of the University of California in opposition filed. (Distributed)
  7. Feb 02 2018
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
  8. Feb 02 2018
    Brief of respondents Dulce Garcia, et al. in opposition filed. (Distributed)
  9. Feb 02 2018
    Brief amici curiae of Citizens United, et al. filed.(Distributed)
  10. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  11. Jan 29 2018
    Blanket Consent filed by Respondents, Dulce Garcia, Miriam Gonzalez Avila, Saul Jimenez Suarez, Viridiana Chabolla Mendoza, Norma Ramirez, and Jirayut Latthivongskorn.
  12. Jan 25 2018
    Brief amici curiae of The States of Texas, et al. filed.
  13. Jan 23 2018
    The motion of petitioners to expedite consideration of the petition for a writ of certiorari before judgment is granted in part. As respondents have agreed, they will file their briefs in opposition by February 2, 2018.
  14. Jan 22 2018
    Response to motion from respondents States of California, et al. filed.
  15. Jan 22 2018
    Response to motion from respondents Regents of the University of California; Janet Napolitano, President of the University of California filed.
  16. Jan 22 2018
    Response to motion from respondents Dulce Garcia, Miriam Gonzalez Avila, Saul Jimenez Suarez, Viridiana Chabolla Mendoza, Norma Ramirez, and Jirayut Latthivongskorn filed.
  17. Jan 22 2018
    Reply in support of motion to expedite filed by petitioner Department of Homeland Security, et al.
  18. Jan 19 2018
    Motion to Expedite filed by petitioner Department of Homeland Security, et al.
  19. Jan 18 2018
    Petition for a writ of certiorari before judgment filed. (Response due February 20, 2018)