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DACA Victory! - Batalla Vidal v. Wolf

December 07, 2020 (1 min read)

Batalla Vidal v. Wolf

"Under the Administrative Procedure Act ("APA"), a "reviewing court shall ... hold unlawful and set aside agency actions, findings, and conclusions found to be . . . in excess of statutory jurisdiction, authority, or limitations, or short of statutory right.'' 5 U.S.C. ยง 706(2)(C). Accordingly, because Mr. Wolf was without lawful authority to serve as Acting Secretary of OHS, the Wolf Memorandum is VACATED. In light of the vacatur, all parties agree that the DACA program is currently governed by its terms as they existed prior to the attempted rescission of September 2017."