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A Petition For A Writ Of Certiorari.pdf

US-v-Texas-Petition.pdf
Preview of a petition for a writ of certiorari
🔗 Source: justsecurity.org
📊 Size: 294 KB
📄 Pages: 45 pages
⬇️ Downloads: 238

Summary

The US Department of Homeland Security issued a memorandum on November 20, 2014, directing the consideration of deferred action for certain aliens who have lived in the US for five years and either came as children or have children who are US citizens or permanent residents. The questions presented are:
1. Whether a state has Article III standing and a justiciable cause of action under the Administrative Procedure Act to challenge the Guidance.
2. Whether the Guidance is arbitrary and capricious or otherwise not in accordance with law.
3. Whether the Guidance was subject to the APA's notice-and-comment procedures.

The petitioners, including the US and various government officials, argue that respondents, including the State of Texas and other states, do not have standing to challenge the Guidance and lack a cognizable claim under the APA. The petitioners also argue that the Secretary had ample statutory authority to issue the Guidance and that it is exempt from notice-and-comment requirements. The case is before the Supreme Court on a petition for a writ of certiorari to the US Court of Appeals for the Fifth Circuit.

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Description

The US Department of Homeland Security issued a memorandum on November 20, 2014, directing the consideration of deferred action for certain aliens who have...

Technical Information

  • File Format: PDF
  • File Size: 294 KB
  • Pages: 45
  • Language: EN
  • Total Downloads: 238
  • Last Updated: 1 week ago

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