Call for Signatories — July 17 deadline (UAC Representation)

Do you have an interest in being a signatory in this brief? It supports the Plaintiffs­-Appellees in Community Legal Services of East Palo Alto v. Dept. of Health & Human Services, currently before the Ninth Circuit. The case involves legal representation for unaccompanied minors facing deportation—children who often flee persecution, trafficking, and abuse in their home countries. Beyond the humanitarian stakes, the case presents an important jurisdictional question about the precedential effect of shadow docket emergency stay orders and about the reach of the jurisdiction of the Court of Federal Claims.

 

The amicus brief addresses whether the Supreme Court’s recent emergency stay in Department of Education v. California undermines Bowen v. Massachusetts‘s longstanding holding that APA claims belong in district courts even when the plaintiffs may obtain monetary benefits attendant to the APA relief they seek. The government is leveraging the DOE shadow docket order to argue plaintiffs must go to the Court of Federal Claims, but we believe Bowen remains binding statutory precedent.

 

Timeline:

·         Filing deadline: Thursday, July 17

·         Final commitment needed by noon Pacific/3pm Eastern on July 17

 

If you are amenable to joining the brief, here is a link to a Google Form that will help populate the brief efficiently: https://forms.gle/6Vyi9gQS34Ebyg2B7.

 

Feel free to reach out to ethan.leib at law.fordham.edu jpetrick at nortonlaw.com with questions.