• Home
  • Today
  • Advocacy
  • Forum
Donate
  • login
  • register
Home

They need you!

Forum links

  • Recent changes
  • Member list
  • Search
  • Register
Search Forums
 
Advanced Search
Go to Page...

Resources

  • Do I qualify?
  • In-state tuition
  • FAQ
  • Ways to legalize
  • Feedback
  • Contact us

Join our list

National calendar of events

«  

January

  »
S M T W T F S
 
 
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 
Sync with this calendar
DAP Forums > DREAM Act > The News Room

New DACA Order - Motion to Dismiss Case?

  • View
  • Post new reply
  • Thread tools
#1
01-13-2018, 01:03 PM
Moderator
Joined in Mar 2006
6,460 posts
Swim19's Avatar
Swim19
190 AP
So one of the people I follow on twitter @alt_spicerlies did a few posts on this new DACA Order having to with dismissing of the case. I believe this is different from the other Judge's order.

Full court document here:

https://www.courthousenews.com/wp-co...-MTD-ORDER.pdf


via @Alt_spicerlies

Defendant’s (@realDonaldTrump) Motion to Dismiss:
Denied in part.
Granted in part.
Plaintiffs’ APA claims are sustained (pg 13)
Plaintiffs’ due process claims are sustained
Plaintiffs’ equal protection claims are sustained
Plaintiffs’ RFAclaims are dismissed.


Plaintiff argues:
“disproportionate impact on Latinos and Mexican nationals. Indeed, such individuals account for 93%..”

Judge cites @realDonaldTrump Mexicans are rapist, drugs, murderers.
Alo cites where Trump called Mexicans “animals”
Racial Animus x4

Full twitter thread with highlighted text from court document:

https://twitter.com/Alt_Spicerlies/s...16092868521991

I'm not sure what impact any of this has on DACA renewals possibly being granted
__________________
Initial Approval: 11/13/12
1st Renewal: 10-7-14
2nd Renewal: 10/12/16
3rd Renewal: 5/16/2018
  • Reply With Quote
Post your reply or quote more messages.
Swim19
View Public Profile
Send a private message to Swim19
Find all posts by Swim19
#2
01-13-2018, 02:31 PM
Senior Member
From Fort Worth, Texas
Joined in Dec 2008
904 posts
john_smith's Avatar
john_smith
0 AP
This is the same rulling, basically dismissing some arguments and allowing other arguments to proceeds, in like the merits or green light for the lawsuit.
__________________
`
Daca.Us, a site for dreamers like you and me:


Daca.Us
  • Reply With Quote
Post your reply or quote more messages.
john_smith
View Public Profile
Send a private message to john_smith
Find all posts by john_smith
#3
01-13-2018, 02:43 PM
Moderator
Joined in Mar 2006
6,460 posts
Swim19's Avatar
Swim19
190 AP
Quote:
Originally Posted by john_smith View Post
This is the same rulling, basically dismissing some arguments and allowing other arguments to proceeds, in like the merits or green light for the lawsuit.
That's what I thought, but this was filed in 12th so I wasn't sure. Interesting to read though.
__________________
Initial Approval: 11/13/12
1st Renewal: 10-7-14
2nd Renewal: 10/12/16
3rd Renewal: 5/16/2018
  • Reply With Quote
Post your reply or quote more messages.
Swim19
View Public Profile
Send a private message to Swim19
Find all posts by Swim19
#4
01-13-2018, 04:28 PM
Senior Member
From Minnesota
Joined in Nov 2009
6,007 posts
Demise's Avatar
Demise
0 AP
Quote:
Originally Posted by john_smith View Post
This is the same rulling, basically dismissing some arguments and allowing other arguments to proceeds, in like the merits or green light for the lawsuit.
This is basically what usually happens. On appeal a plantiff with raise a whole list of issues with how they believe the lower court erred.

The court will then go down the list of the challenges brought and it will probably throw at least a few out. You only really need one to keep the case rolling.

So we have:
Plaintiffs’ APA claims are sustained (pg 13) - Administration violated APA by not putting it through proper comment period.
Plaintiffs’ due process claims are sustained - This one is good because the court agrees that just pulling the plug probably violated the 4th and 5th amendments
Plaintiffs’ equal protection claims are sustained - Again this one is good because the court agrees that it violated 4th, 5th, and 14th amendments
Plaintiffs’ RFAclaims are dismissed. - This one is basically for monetary compensation, which the court dropped.
__________________
LPR these days
  • Reply With Quote
Post your reply or quote more messages.
Demise
View Public Profile
Send a private message to Demise
Find all posts by Demise


« Previous Thread | Next Thread »

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page

Contact Us - DREAM Act Portal - Archive - Top
Powered by vBulletin®
Copyright ©2000 - 2026, Jelsoft Enterprises Ltd.