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Carl Gordon v. Regents of the University of California, et al.

Paid petition · Court of Appeal of California, Second Appellate District, No. B301623 · judgment November 10, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

After twice being ordered to and agreeing to do so, the Regents of the University of California (UC Regents) caused intrinsic and extrinsic fraud upon the court by refusing to provide the trial court with the entire (in fact, with any) statutorily mandated administrative record (AR) in Gordon v. Regents of the University of California et al. while contemporane­ ously arguing and prevailing in this Court, 591 U.S.__ (2020) on June 18, 2020, on the illegality of the Trump administration’s Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) program in Regents of the Univ. of California v. Dept, of Homeland Security, No. 3:17-cv-05211-WHA Document 1 Filed 09/08/17 and for failing to provide the complete AR for the Court’s review of DHS’s decision to rescind DACA, resulting in the violation of the procedural and substantive requirements of the Administrative Procedure Act as well as the due process and equal protection clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The question presented is: Does the de facto nullification of California state law [Cal. Gov. Code §§ 6258 and 6259] (resulting in fraud upon the court) by the Regents of the University of California preempt their violation of the due process and equal protection clause of the Fourteenth Amendments to the U.S. Constitution in the present case?

Counsel of record

For petitioner
Carl Gordon

For respondent
Raymond A. Cardozo
Reed Smith, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 22 2021
    Rehearing DENIED.
  2. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  3. Oct 27 2021
  4. Oct 04 2021
    Petition DENIED.
  5. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Aug 17 2021
    Waiver of right of respondent Regents of Univ. of CA, et al. to respond filed.
  7. Jul 01 2021
    Petition for a writ of certiorari filed. (Response due August 16, 2021)