Judicial Reviewability of Decision to Cancel DACA

"[T]he District Court should have granted [the Government's] motion on November 19 to stay implementation of the challenged October 17 order [requiring the Government to produce documents relating to the cancellation of DACA] and first resolved the Government's threshold arguments (that the Acting Secretary's determination to rescind DACA is unreviewable because it is 'committed to agency discretion,' 5 U.S.C. § 701(a)(2), and that the Immigration and Nationality Act deprives the District Court of jurisdiction)."



—In re United States, 138 S.Ct. 443, 445 (U.S. Supreme Court, Dec. 20, 2017).

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Pregnant Alien Minor Has Due Process Right To Elective Abortion, D.C. Circuit Says

"Border authorities, immigration officials and HHS [the U.S. Department of Health and Human Services] itself would be well served to know ex ante whether pregnant alien minors who come to the United States in search of an abortion are constitutionally entitled to one. And under today's decision, pregnant alien minors the world around seeking elective abortions will be on notice that they should make the trip. (footnote omitted)


— Judge Henderson, dissenting from en banc opinion of the U.S. Court of Appeals for the D.C. Circuit in Garza v. Hargan, 874 F.3d 735 (D.C. Cir. October 24, 2017).

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