Supreme Court of the United States · Official docket →

Department of Homeland Security, et al. v. Casa de Maryland, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1521, 18-1522 · judgment May 17, 2019

Certiorari denied · June 29, 2020

Pre-decision estimate: 77% cert probability (95% interval 64%–86%)

Before the decision, about 18.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, 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 U.S. Department of Homeland Security (DHS) discretionary 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, DHS determined that the original DACA policy was unlawful and would likely be struck down by the courts on the same grounds as the related policies. DHS thus instituted an orderly wind-down of the DACA policy. The questions presented are as follows:

Whether DHS’s decision to wind down the DACA policy is judicially reviewable.
Whether DHS’s decision to wind down the DACA policy is lawful. (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
John Arak Freedman
Arnold & Porter Kaye Scholer, LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

Jun 29 2020
Petition DENIED.
Jun 22 2020
DISTRIBUTED for Conference of 6/25/2020.
Jul 10 2019
DISTRIBUTED for Conference of 10/1/2019.
Jul 10 2019
Reply of petitioners Department of Homeland Security, et al. filed. (Distributed)
Jun 24 2019
Brief of respondents Casa de Maryland, et al. in opposition filed.
Jun 24 2019
Brief amicus curiae of Immigration Reform Law Institute filed.
Jun 03 2019
Motion to expedite consideration filed by petitioners DENIED.
May 29 2019
Response to motion to expedite from respondents Casa de Maryland, et al. filed. (Distributed)
May 28 2019
Motion DISTRIBUTED for Conference of 5/30/2019.
May 24 2019
Petition for a writ of certiorari filed. (Response due June 24, 2019)
May 24 2019
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners.