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Texas V. U.s. Daca/dapa Litigation

Discussion in 'DACA' started by Ron Gotcher, Apr 7, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It wasn't a shock, but it was a surprise and a disappointment. The legal reasoning in the opinion is very shoddy.
     
  2. Senram

    Senram Member

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    Generally Judicial system works in this way in USA. If Lower court gives some decision then it is up to the party who challenge the decison has responsibility to prove the case. If Hanen would have given opposite Circuit court could have upheld unless Plaintiffs gave some new argument. The defendents did not give anything new in the Appeals court to stay the injunction (Basically they gave same argument as Federal court). If they argue same way in Supreme court we can tell the result.
    Actually it is a bad strategy to go to higher court before complete judgment comes(Which is expected in 6 months). Even final Judgment from Hanen could be favorable to Obama though that is unlikely.
     
  3. Senram

    Senram Member

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    Still Obama could move to full circuit courts of Appeals before going to Supreme Court. If he goes to Supreme court then hits another set back then end of it. May be his strategy is to drag the case till 2016 election so that blame could go to GOP
     
    gten20 likes this.
  4. s_gan

    s_gan Super Moderator

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    Things are not going to change if SC does not lift injunction
     
  5. Senram

    Senram Member

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    Fast track is not possible in any case. Supreme court will go their own phase only. It is difficult to remove the injunction. That is why WH is in big shock and not prepared for it. Last time when Hannen announced ruling they promptly announced they will appeal. Now whichever way they take DAPA implementation is not in 2015.
     
  6. sunyang

    sunyang Well-Known Member

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    are you a GC or citizen?

    if not , then why do you always talk negative about legal reforms

    if you are a GC or citizen, then why ru so obsessed with these forums?

    if indeed ur a GC holder ( or even EAD) , then I am convinced that you are a nut case and ur way too obsessed with immigration matters.
     
    NN5 likes this.
  7. s_gan

    s_gan Super Moderator

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    I just think senram has metamorphosed into a pessimist because of the immigration system and the politics surrounding it. I could be wrong.
     
    sunyang likes this.
  8. NN5

    NN5 Guru

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    "Senram Mentality"- IV got at least 1 thing right in the last month
     
  9. sunyang

    sunyang Well-Known Member

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    Yup this is very likely
     
  10. sunyang

    sunyang Well-Known Member

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    lol

    That was epic

    What a typical nagging, grinding exhausting attitude

    The guy is so left brain, I think he asks permission from himself whenever he wants to have fun
     
  11. s_gan

    s_gan Super Moderator

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    I do not understand how the courts can stapp DAPA extension/extended DACA when the original DACA is intact .
     
    rchandars likes this.
  12. Kamakazee

    Kamakazee Super Moderator

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    Texas submitted in a court where the judge is not favorable to Obama's policies. He simply used the excuse of rulemaking and stopped it. I really do not know how this outcome will play out after today's hearing, but I am confident that SCOTUS will allow the program to start. The Obama administration knows this and hence, they are dragging this out to reap maximum political benefit. The program will probably start in the middle of next year which works out perfectly for the Democrats for the Presidential elections.
    What happens to recapture if it was ever on the table? I do not know.
     
  13. jdoe99

    jdoe99 Well-Known Member

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    Ron said that recapture can be done anytime right? Since there is no immediate expiration at end of a fiscal year, etc recaptured numbers can be spread the way USCIS/DOS wants. Question is whether they want to do it. The private comments to Greg at AILA conference seem to suggest that they are not intent on it. However, once they get a favorable rating, will they want to turn around and stick it by going ahead with recapture to try and get the republicans in court railing against immigration?
     
  14. Kamakazee

    Kamakazee Super Moderator

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    The RFI question and some articles suggested that the administration was actively considering recapture. Then everything went silent and at the AILA conference, CO's comments suggested that they do not have any intention of doing it. So, we are assuming that it has something to do with the DAPA hearing. If that is really the case, then we can only hope that if the administration gets a favorable ruling on DAPA, they will move ahead with recapture too. If they have already laid recapture to rest (for any reasons) irrespective of DAPA, then the ruling will not have an impact on recapture. Then the undocumented will get their EADs and we won't. The only way to try to get this will be to go to court and ask them for recapture.
     
  15. s_gan

    s_gan Super Moderator

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    KK I am following you on twitter but I can't send messages. Are there any specific settings ?
     
  16. Kamakazee

    Kamakazee Super Moderator

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    I do not think so. I have sent and received messages. What is your id? Maybe I can send you a message.
     
  17. Kamakazee

    Kamakazee Super Moderator

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    I have changed my settings to receive messages from anyone. Maybe that was the setting that was needed. Try sending another and let me know.
     
  18. s_gan

    s_gan Super Moderator

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    grt. sent u a message
     
  19. Kamakazee

    Kamakazee Super Moderator

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    I read somewhere that USCIS is trying hard to retrieve the 3-year EADs which they issued even before the DACA expansion program started. Is this true?
     
  20. s_gan

    s_gan Super Moderator

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    that is correct.
     

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