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DAP Forums > DREAM Act > The News Room

DOJ attorney: Renewal deadline for DACA recipients won't be extended - Page 2

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#11
09-29-2017, 03:36 PM
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Quote:
Originally Posted by fl_dreamer View Post
I expire in August 2018 but I went ahead and applied anyway. If they reject, they reject it. It is worth the gamble!
Let us know what happens.
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Permanent Resident Card Received - 6/8/19
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#12
09-29-2017, 05:52 PM
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Quote:
Originally Posted by JohannBernoulli1667 View Post
What does this even mean?
Circuit split occurs when two different circuit courts rule differently on a given issues. Since circuit courts are limited by area jurisdiction they do not overlap and therefore a differing ruling from different courts can essentially result in different federal law in different parts of US. Circuit courts are also not bound by precedents of other circuits.

There are 12 (well technically 13) Circuit Courts of Appeals in US:
  1. First Circuit: Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico
  2. Second Circuit: Connecticut, New York, Vermont
  3. Third Circuit: Delaware, New Jersey, Pennsylvania, Virgin Islands
  4. Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, West Virginia
  5. Fifth Circuit: Louisiana, Mississippi, Texas
  6. Sixth Circuit: Kentucky, Michigan, Ohio, Tennessee
  7. Seventh Circuit: Illinois, Indiana, Wisconsin
  8. Eighth Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
  9. Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington
  10. Tenth Circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming
  11. Eleventh Circuit: Alabama, Florida, Georgia
  12. DC Circuit: District of Columbia
  13. (Federal Circuit - This one is weird, it hears cases based upon subject matter like patent law, rather than geographic location. Precedents are binding to entire country. Due to the limited jurisdiction this one can't hear a DACA case.)

So out of the above 12 circuits every one can hear a lawsuit revolving around DACA or DACA repeal and rule in it's own way. Circuit splits end up in 3 different ways:
1. Nothing happens - different rulings stand, federal law is applied differently based on location
2. Legislative/Administrative Fix - The section of law or federal regulation, which causes the split in the first place, gets replaced with something else (usually much more specific or tolerable to plaintiffs) making the previous rulings moot.
3. Supreme Court Review - Supreme Court weights in on the issue, Supreme Court precedent overrides any inferior court decisions ending a circuit split.
Last edited by Demise; 09-29-2017 at 05:58 PM..
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#13
09-29-2017, 08:55 PM
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Joined in Dec 2010
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Quote:
Originally Posted by Demise View Post
Circuit split occurs when two different circuit courts rule differently on a given issues. Since circuit courts are limited by area jurisdiction they do not overlap and therefore a differing ruling from different courts can essentially result in different federal law in different parts of US. Circuit courts are also not bound by precedents of other circuits.

There are 12 (well technically 13) Circuit Courts of Appeals in US:
  1. First Circuit: Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico
  2. Second Circuit: Connecticut, New York, Vermont
  3. Third Circuit: Delaware, New Jersey, Pennsylvania, Virgin Islands
  4. Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, West Virginia
  5. Fifth Circuit: Louisiana, Mississippi, Texas
  6. Sixth Circuit: Kentucky, Michigan, Ohio, Tennessee
  7. Seventh Circuit: Illinois, Indiana, Wisconsin
  8. Eighth Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
  9. Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington
  10. Tenth Circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming
  11. Eleventh Circuit: Alabama, Florida, Georgia
  12. DC Circuit: District of Columbia
  13. (Federal Circuit - This one is weird, it hears cases based upon subject matter like patent law, rather than geographic location. Precedents are binding to entire country. Due to the limited jurisdiction this one can't hear a DACA case.)

So out of the above 12 circuits every one can hear a lawsuit revolving around DACA or DACA repeal and rule in it's own way. Circuit splits end up in 3 different ways:
1. Nothing happens - different rulings stand, federal law is applied differently based on location
2. Legislative/Administrative Fix - The section of law or federal regulation, which causes the split in the first place, gets replaced with something else (usually much more specific or tolerable to plaintiffs) making the previous rulings moot.
3. Supreme Court Review - Supreme Court weights in on the issue, Supreme Court precedent overrides any inferior court decisions ending a circuit split.
Do you really see that scenario playing in our favor?
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#14
09-29-2017, 09:52 PM
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courts only can delay the inevitable
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#15
09-30-2017, 04:03 AM
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Joined in Sep 2017
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euro
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Quote:
Originally Posted by fl_dreamer View Post
I expire in August 2018 but I went ahead and applied anyway. If they reject, they reject it. It is worth the gamble!
Hey, I had a sibling do the same thing.

They denied his request.

Hope your renewal takes a better turn though!

Good luck.
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#16
09-30-2017, 08:45 AM
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Quote:
Originally Posted by euro View Post
Hey, I had a sibling do the same thing.

They denied his request.

Hope your renewal takes a better turn though!

Good luck.
Did he lose the money?
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#17
09-30-2017, 06:03 PM
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Joined in Jan 2014
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Quote:
Originally Posted by euro View Post
Hey, I had a sibling do the same thing.

They denied his request.

Hope your renewal takes a better turn though!

Good luck.
When did he send in his renewal? Did they reject it outright or he did biometrics and they took his moeny and then he was denied???
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