Sweet

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 25 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THERESA SWEET; CHENELLE No. 26-1136 ARCHIBALD; DANIEL DEEGAN; D.C. No. SAMUEL HOOD; TRESA APODACA; 4:19-cv-03674-HSG ALICIA DAVIS; JESSICA JACOBSON, Northern District of California, on behalf of themselves and all others Oakland similarly situated,

ORDER

Plaintiffs - Appellees,

v.

LINDA MCMAHON, Secretary of the United States Department of Education;

UNITED STATES DEPARTMENT OF

EDUCATION,

Defendants - Appellants.

Before: Kim McLane Wardlaw, John B. Owens, and Daniel A. Bress, Circuit Judges. Per Curiam

Plaintiffs are a certified class of federal student loan borrowers who seek

loan forgiveness under the Higher Education Act based on fraudulent misconduct

by their educational institutions, in a process known as “borrower defense.” See

34 C.F.R. § 685.22. In May 2019, Plaintiffs filed this class action under the

Administrative Procedure Act against the Department of Education (“DOE”), alleging that the DOE…