261 F. Supp. 3d 1328
N.D. Ga.2017Background
- Plaintiff Jessica Colotl Coyotl seeks a temporary restraining order and/or preliminary injunction to stop termination and denial of her DACA status and work authorization.
- Plaintiff has maintained deferred action under DACA since 2010/2013 and renewal in 2015; her renewal was denied on May 8, 2017, after a termination notice on May 3, 2017.
- DACA SOP requires notice and opportunity to respond (RFE/NOID) before denial; termination requires notice unless specific conditions apply.
- The 2017 Kelly Memorandum purportedly supersedes conflicting DHS directives but expressly excludes the Napolitano DACA memo relevant to DACA.
- Court addresses whether it has jurisdiction to review non-discretionary procedures under the APA and INA, and whether DHS followed its own procedures.
- The Court grants relief in part, reinstating DACA status and employment authorization pending readjudication and adherence to SOPs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS followed its DACA SOP in renewal denial and termination. | Coyotl argues SOP noncompliance invalidates denial/termination. | DHS contends discretion and Kelly Memo justify actions. | Plaintiff likely to succeed; SOP noncompliance evident. |
| Whether the court can review non-discretionary procedures despite INA provisions. | APA review is available for non-discretionary steps. | §1252(g)/(b)(9) strips jurisdiction over discretionary removals; not over procedures. | Court retains jurisdiction to review non-discretionary procedures. |
| Whether §1252(g) bars any review of DACA renewal/termination decisions. | Not barred; focus on adherence to procedures. | §1252(g) precludes review of actions to commence/adjudicate/remove. | Not applicable to prevent review of non-discretionary procedural compliance. |
| Whether the Kelly Memo affects DACA program as applied to Coyotl. | Kelly Memo should not override Napolitano DACA framework. | Kelly Memo governs enforcement priorities. | Kelly Memo has no applicability to DACA program as such. |
| Whether the balance of equities supports a preliminary injunction. | Noncompliance causes irreparable harm and public interest favors adherence to SOPs. | Enforcement of immigration laws outweighs procedural compliance issues. | Injunction granted in part to reinstate and readjudicate under SOPs. |
Key Cases Cited
- Reno v. American-Arab Anti-Discrimination Committee, 521 U.S. 471 (1999) (limits on review of certain discretionary removal decisions under §1252(g))
- Perez v. U.S. Bureau of Citizenship & Immigration Servs., 774 F.3d 960 (11th Cir. 2014) (distinguishes discretionary vs non-discretionary agency decisions under APA)
- Gupta v. McGahey, 709 F.3d 1062 (11th Cir. 2013) (statutory review limits under §1252(g) and related provisions)