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IN RE U.S.

No. 17-72917.

877 F.3d 1080 (2017)

IN RE: UNITED STATES of America; Donald J. Trump; U.S. Department of Homeland Security; Elaine C. Duke, United States of America; Donald J. Trump; U.S. Department of Homeland Security; Elaine C. Duke, in her official capacity as Acting Secretary of the Department of Homeland Security, Petitioners, v. United States District Court for the Northern District of California, San Francisco, Respondent, Regents of the University of California; Janet Napolitano, In her official capacity as President of the University of California; State of California; State of Maine; State of Minnesota; State of Maryland; City of San Jose; Dulce Garcia; Miriam Gonzalez Avila; Viridiana Chabolla Mendoza; Norma Ramirez; County of Santa Clara; Service Employees International Union Local 521; Jirayut Latthivongskorn; Saul Jimenez Suarez, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

FILED December 21, 2017.

ORDER

Pursuant to the Supreme Court's per curiam opinion of 12/20/2017, we instruct the district court to rule on the Government's threshold arguments that the Secretary's decision to rescind DACA is unreviewable as committed to agency discretion and that the Immigration and Nationality Act deprives the district court of jurisdiction. The district court should stay its order requiring completion of the administrative record until such time as it has ruled on these...

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