United States v. 2020-08-04 | 18-15068 | UC REGENTS V. USDHS | precedential | opinion |

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

REGENTS OF THE UNIVERSITY
OF
CALIFORNIA; JANET
NAPOLITANO, i n her official
capacity as President of the
University of California,
Plaintiffs-Appellees,

v.

U.S.
DEPARTMENT OF
HOMELAND SECURITY; CHAD
F. WOLF,
*
in his official
capacity as Acting Secretary of
the Department of Homeland
Security,
Defendants-Appellants.
No. 18-15068

D.C. No.
3:17-cv-05211-WHA

*
Chad F. Wolf and William P. Barr are substituted in place of their
predecessors. Fed. R. App. P. 43(c)(2).

2 REGENTS OF THE UNIV. OF CAL. V. USDHS

STATE OF CALIFORNIA; STATE
OF
MAINE; STATE OF
MINNESOTA; STATE OF
MARYLAND,
Plaintiffs-Appellees,

v.

U.S.
DEPARTMENT OF
HOMELAND SECURITY; CHAD
F. WOLF, in his official
capacity as Acting Secretary of
the Department of Homeland
Security; U
NITED STATES OF
AMERICA,
Defendants-Appellants.
No. 18-15069

D.C. No.
3:17-cv-05235-WHA

CITY OF SAN JOSE,
Plaintiff-Appellee,

v.

D
ONALD J. TRUMP, President
of the United States, in his
official capacity; C
HAD F.
WOLF, in his official capacity
as Acting Secretary of the
Department of Homeland
Security; U
NITED STATES OF
AMERICA,
Defendants-Appellants.
No. 18-15070

D.C. No.
3:17-cv-05329-WHA

REGENTS OF THE UNIV. OF CAL. V. USDHS 3

DULCE GARCIA; MIRIAM
GONZALEZ AVILA; SAUL
JIMENEZ SUAREZ; VIRIDIANA
CHABOLLA MENDOZA;
JIRAYUT LATTHIVONGSKORN;
NORMA RAMIREZ,
Plaintiffs-Appellees,

v.

UNITED STATES OF AMERICA;
DONALD J. TRUMP, in his
official capacity as President
of the United States; U.S.
DEPARTMENT OF HOMELAND
SECURITY; CHAD F. WOLF, i n
his official capacity as Acting
Secretary of the Department
of Homeland Security,
Defendants-Appellants.
No. 18-15071

D.C. No.
3:17-cv-05380-WHA

4 REGENTS OF THE UNIV. OF CAL. V. USDHS

COUNTY OF SANTA CLARA;
SERVICE EMPLOYEES
INTERNATIONAL UNION
LOCAL 521,
Plaintiffs-Appellees,

v.

D
ONALD J. TRUMP, in his
official capacity as President
of the United States;
W
ILLIAM P. BARR, Attorney
General; CHAD F. WOLF, i n
his official capacity as
Acting Secretary of the
Department of Homeland
Security; U.S.
DEPARTMENT
OF HOMELAND SECURITY,
Defendants-Appellants.
No. 18-15072

D.C. No.
3:17-cv-05813-WHA

REGENTS OF THE UNIV. OF CAL. V. USDHS 5

REGENTS OF THE
UNIVERSITY OF CALIFORNIA;
JANET NAPOLITANO, In her
official capacity as President
of the University of
California; STATE OF
CALIFORNIA; STATE OF
MAINE; STATE OF
MINNESOTA; STATE OF
MARYLAND; CITY OF SAN
JOSE; DULCE GARCIA;
MIRIAM GONZALEZ AVILA;
SAUL JIMENEZ SUAREZ;
VIRIDIANA CHABOLLA
MENDOZA; JIRAYUT
LATTHIVONGSKORN; NORMA
RAMIREZ; COUNTY OF
SANTA CLARA; SERVICE
EMPLOYEES INTERNATIONAL
UNION LOCAL 521,
Plaintiffs-Appellees,

v.

No. 18-15128

D.C. Nos.
3:17-cv-05211-WHA
3:17-cv-05235-WHA
3:17-cv-05329-WHA
3:17-cv-05380-WHA
3:17-cv-05813-WHA

6 REGENTS OF THE UNIV. OF CAL. V. USDHS

UNITED STATES OF
AMERICA; DONALD J.
TRUMP, in his official
capacity as President of the
United States; U.S.
DEPARTMENT OF HOMELAND
SECURITY; CHAD F. WOLF,
in his official capacity as
Acting Secretary of the
Department of Homeland
Security,
Defendants-Appellants.

REGENTS OF THE UNIV. OF CAL. V. USDHS 7

REGENTS OF THE
UNIVERSITY OF CALIFORNIA;
JANET NAPOLITANO, i n her
official capacity as President
of the University of
California; STATE OF
CALIFORNIA; STATE OF
MAINE; STATE OF
MINNESOTA; STATE OF
MARYLAND; CITY OF SAN
JOSE; DULCE GARCIA;
MIRIAM GONZALEZ AVILA;
SAUL JIMENEZ SUAREZ;
VIRIDIANA CHABOLLA
MENDOZA; JIRAYUT
LATTHIVONGSKORN; NORMA
RAMIREZ,
Plaintiffs-Appellants,

v.

U
NITED STATES OF
AMERICA; DONALD J.
TRUMP, in his official
capacity as President of the
United States; U.S.

DEPARTMENT OF HOMELAND
SECURITY; CHAD F. WOLF,
in his official capacity as
Acting Secretary of the
Department of Homeland
Security,
Defendants-Appellees.
No. 18-15133

D.C. Nos.
3:17-cv-05211-WHA
3:17-cv-05235-WHA
3:17-cv-05329-WHA
3:17-cv-05380-WHA
3:17-cv-05813-WHA

8 REGENTS OF THE UNIV. OF CAL. V. USDHS

DULCE GARCIA; MIRIAM
GONZALEZ AVILA; SAUL
JIMENEZ SUAREZ; VIRIDIANA
CHABOLLA MENDOZA; NORMA
RAMIREZ; JIRAYUT
LATTHIVONGSKORN; COUNTY
OF
SANTA CLARA; SERVICE
EMPLOYEES INTERNATIONAL
UNION LOCAL 521,
Plaintiffs-Appellants,

v.

U
NITED STATES OF AMERICA;
DONALD J. TRUMP, in his
official capacity as President
of the United States; U.S.

DEPARTMENT OF HOMELAND
SECURITY; CHAD F. WOLF, i n
his official capacity as Acting
Secretary of the Department of
Homeland Security,
Defendants-Appellees.
No. 18-15134

D.C. Nos.
3:17-cv-05211-WHA
3:17-cv-05235-WHA
3:17-cv-05329-WHA
3:17-cv-05380-WHA
3:17-cv-05813-WHA

ORDER

On Remand From The United States Supreme Court

Filed August 4, 2020

Before: Kim McLane Wardlaw, Jacqueline H. Nguyen,
and John B. Owens, Circuit Judges.

Order

REGENTS OF THE UNIV. OF CAL. V. USDHS 9

ORDER
In light of the Supreme Court’s decision in Department
of Homeland Security v. Regents of the University of
California, 140 S. Ct. 1891 (2020), we remand these cases
to the district court for further proceedings consistent with
the Supreme Court’s opinion, which held that the
Department of Homeland Security’s rescission of the
Deferred Action for Childhood Arrivals program “was
arbitrary and capricious in violation of the [Administrative
Procedure Act],” id. at 1915.
IT IS SO ORDERED. The mandate shall issue
forthwith.