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DAP Forums > DREAM Act > The News Room

David Leopold: What to Watch For In The Appeal Of The Texas Immigration Lawsuit To Th

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#1
04-02-2015, 10:29 AM
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http://americasvoice.org/blog/david-...e-5th-circuit/

Quote:
In March, the 5th Circuit appeals court granted the Obama Administration’s request to fast-track its appeal of Judge Hanen’s preliminary injunction which temporary blocked implementation of DACA expansion and DAPA. The Administration and the plaintiff states agreed to a briefing schedule which requires that all written arguments be filed with the appeals court by the third week in May.

In the meantime, on April 17, the court of appeals will hear oral argument on the Obama Administration’s request that it stay (or temporarily postpone) the hold Judge Hanen placed on DACA expansion and DAPA when he issued his preliminary injunction on February 16.

Importantly, the April 17 hearing is not a hearing on the appeal of Judge Hanen’s preliminary injunction. It is a hearing on the Obama Administration’s motion to stay (temporarily postpone) the injunction while the court of appeals considers the case. In effect, what the Obama administration is asking is that the court of appeals stop Judge Hanen’s order from taking effect until it decides the entire case. So the April 17 hearing is not the final hearing on the appeal. If, for some reason, the court of appeals does not postpone the injunction that doesn’t mean the Obama Administration has lost the appeal. It just means the court of appeals has decided to continue to let Judge Hanen’s temporary delay of DACA expansion and DAPA stay in place while they consider the case.

It’s confusing. But the upshot is that while the April 17 hearing is very important, it’s hopefully just another step along the way to getting the GOP lawsuit thrown out of court—where it belongs.

The appeals court has not yet scheduled Oral argument on the appeal of the preliminary injunction itself. That should happen toward the end of May once the parties are finished briefing the case.

Given the fast track briefing schedule, the 5th Circuit Court of Appeals could issue a decision on the Obama Administration’s full appeal sometime in June or July. That means that regardless of whether or not the Court of Appeals temporarily lifts the injunction after the April 17 hearing, if the Obama Administration wins the appeal the delay to DAPA/DACA expansion could be no more than a few weeks.

Stay tuned.
Final decision by June or July... Feels like the death sentence keeps getting postponed week by week. Our lives are hanging by a very thin thread now I hope the injunction is lifted soon.
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#2
04-02-2015, 01:29 PM
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so DACA/DAPA get postpone and suddenly its a death sentence...? How did most of you survived pre-DACA world
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I personally knew that if he wins he's not going to be touching DACA.
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#3
04-02-2015, 01:33 PM
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@Pianoswithoutfaith

Try having a bit more empathy. Living is more than surviving; surely, after receiving DACA, you know that.
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#4
04-02-2015, 03:40 PM
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I am honestly curious as how life was, I mean it was harsh and all but I never saw another way other than adjusting through marriage but some of you act life before DACA was worse than death, worse than the Holocaust
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I personally knew that if he wins he's not going to be touching DACA.
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#5
04-02-2015, 04:29 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
I am honestly curious as how life was, I mean it was harsh and all but I never saw another way other than adjusting through marriage but some of you act life before DACA was worse than death, worse than the Holocaust
You can compare a lot shitty things to the Holocaust and it will sound better but it it's still shitty: Mob breaking your knees for being late on a payment? Not the Holocaust for instance.

As to how life was before DACA? Well, I can tell you it's been shitty and getting shittier by the day.
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Late 40's Dreamer (Holy Fucking shit I'm almost 50 and still dealing with this), aged out of original DACA and didn't have a chance to apply for extended DACA after Republicans killed it on the vine.
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#6
04-02-2015, 06:55 PM
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Quote:
Originally Posted by IamAman View Post
You can compare a lot shitty things to the Holocaust and it will sound better but it it's still shitty: Mob breaking your knees for being late on a payment? Not the Holocaust for instance.

As to how life was before DACA? Well, I can tell you it's been shitty and getting shittier by the day.
Hang in there!!! Your time will come very soon!
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Original DACA application sent: 9/18/12 Approved: 11/4/12 Expires: 11/4/2014 Renewal timeline: Sent: 7/24/14 Receipts dated: 7/28/14 Biometrics: 10/7/14 Approved for renewal: 10/10/14
“America, I’ve given you all and now I’m nothing.”
—Allen Ginsburg, “America”
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#7
04-02-2015, 08:12 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
I am honestly curious as how life was, I mean it was harsh and all but I never saw another way other than adjusting through marriage but some of you act life before DACA was worse than death, worse than the Holocaust
Okay, I think you are seeing this from your perspective and experience which is very much personal. If your life is not better now than before being granted DACA, then you've been lucky. Sometimes this is a matter of timing or place. My life in WA is probably better than another's life in Texas. Perhaps not.

And then again, most of the 2012 DACA recipients were/are very young and some quite clueless, so not owning a new vehicle or having the ability to travel to the beach for spring break , but living at home while attending school as the only responsibility, feels as if one were leading a very deprived and oppressed life.

Still, I understand how they feel. It's a matter of perspective.
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#8
04-02-2015, 10:33 PM
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I mean I went from cleaning asbestos to designing circuit boards. I dont look back and wonder to myself "omg life was so hard back then!!" My point here that we shouldn't think as DACA as the ultimate solution to our problems, our own personal Jesus Chris or salvation. Not having daca isn't a death sentence at all, it's an inconvenience but whats the alternative? We don't have control over it either. It can easily be remove if the next president want a to. Are there folks out there who desperately need it because their way if life is becoming harder than ever? Yeah of course but in 2012 you never expected even a small chance of taking advantage of it and now you had a taste of it but being set back a bit is the end of the day world?


I don't believe for a second people like my parents,friends or iamaman here won't get DACA/DAPA because it's just now a matter of time before they do.
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I personally knew that if he wins he's not going to be touching DACA.
Quote:
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#9
04-03-2015, 01:35 AM
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Can the court decide to lift the injunction on the 17th?
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#10
04-03-2015, 10:21 AM
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Well, I think life is pretty bad if you don't have papers, especially for someone who made no choice to have this kind of life. I guess not holocaust level, but I was really thinking about it yesterday and in the scheme of things it is a big thing, but if you look at it from the government's perspective what is being "granted" is pretty small. The right to work and drive legally for two years, ultimately subject to the government deporting you if it decides to or the president changes. This is what makes the proponents of this lawsuit look so petty and shitty themselves, because what they tout as some great amnesty is about like your neighbor who used to wake up and give you the middle finger every morning simply agreeing to only scowl at you every morning in the future.

The sad thing is that we should all write the president effusive letters of thanks for agreeing not to flip Dreamers off any longer.
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