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#5
02-22-2019, 09:27 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise online
Quote:
Originally Posted by Hallowpoint1911 View Post
Correct me if I’m wring but what I’m getting here is that the decision to rescind DACA is reviewable and these government folks don’t have a solid arguement to combat that. In any case DACA is in a web of courts on most likely will end up in the Supreme Court.
That is pretty much it, arguing a lack of jurisdiction tends to be the last ditch effort when your arguments don't hold water and you seek to have the case dismissed on purely technical grounds rather than win it.

While you can limit judicial review by statute (as in this case they are arguing that APA prevents a court review of the decision, never read the law so I won't argue on it), you cannot limit judicial review when constitutional issues are raised. In this case DCDC has already ruled that there exist valid concerns under the 4th, 5th, and 14th amendments.
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I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD
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