Quote:
Originally Posted by DACAgogue
Not true at all. Both DOJ and TX lawyers have said that it should not go back down. I see no damn reason that the 5th circuit will take that opportunity to send it down. Dont get your hopes up.
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Oh, it’s true,
“The court of appeals makes its decision based solely on the trial court’s or agency’s case record. The court of appeals does not receive additional evidence or hear witnesses. The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.””
https://www.uscourts.gov/statistics-...rnalists-guide
The DACA regulation and its legal analysis were not part of the district court’s case record, so there is a very damn good reason to send it back to the district court. Note,
MALDEF and NJ ask for the case to be sent to the district court.