The federal District Court in the Northern District Court of California (Edward M. Chen) has issued a national ruling postponing the Secretary of the Department of Homeland Security’s determination to withdraw the temporary protected status of Venezuelans within the country.
In a lengthy opinion, the Court found that the Immigration and Nationality Act provision limiting judicial authority to provide injunctive relief did not bar postponement under the Administrative Procedure Act; plaintiffs were likely to suffer irreparable injury; public interest favored postponement; plaintiffs were likely to succeed on the merits of the claim that the Secretary lacked inherent authority to vacate extension of the designation; even assuming that the Secretary had authority, plaintiffs were likely to succeed on the merits of the claims that the Secretary’s decision was arbitrary and capricious and that the Secretary’s decision violated the Equal Protection clause of the Constitution. (National TPS Alliance v. Noem, N.D. CA, No. 25-cv-01766, 3/31/25.)
Add new comment