Regents of the Univ. of Cal. & Janet Napolitano v. U.S. Dep't of Homeland Sec. & Kirstjen Nielsen
Opinion
lead Opinion
Alsup, J.
INTRODUCTION
In these challenges to the government's rescission of the Deferred Action for Childhood Arrivals program, the government moves to dismiss plaintiffs' complaints for failure to state a claim. For the reasons discussed below, the motion is GRANTED IN PART and DENIED IN PART .
STATEMENT
This order incorporates the statement set forth in the order dated January 9, 2018, largely denying dismissal under FRCP 12(b)(1) and largely granting plaintiffs' motion for provisional relief (Dkt. No. 234). This order, however, addresses a separate motion by the government to dismiss all claims for failure to state a claim for relief under FRCP 12(b)(6). This order sustains three claims for relief but finds that the rest fall short.
ANALYSIS
1. APA CLAIMS UNDER 5 U.S.C. § 706 (2)(A).
For the same reasons that plaintiffs are likely to succeed on their claim that the rescission of DACA was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" in violation of the Administrative Procedure Act, as explained in the January 9 order, the government's motion to dismiss plaintiffs' APA claims under 5 U.S.C. § 706 (2)(A) is DENIED .