Legal Opinion
J.L. v. Cissna
District Court, N.D. California
Decided March 15, 2019No. Case No. 18-cv-04914-NCPublished
1Opinion of the Court
Likewise, Defendants' related argument that its adoption of the new SIJ requirement is interpretive and therefore not a final agency action "puts the cart before the horse." See Faith Int'l Adoptions v. Pompeo , 345 F.Supp.3d 1314, 1325 (W.D. Wash. 2018). "To allow [the] State to avoid review of its action by simply claiming that its interpretation was correct would constitute an end-run around the judicial process, which exists precisely to assess such claims." Id. In short, the Court finds that the first Bennett prong is satisfied.
The second Bennett prong is satisfied when "rights or…
2Cases cited21 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Perry v. SindermannSupreme Court of the United States · 1972
- Jennings v. RodriguezSupreme Court of the United States · 2018
- Bennett v. SpearSupreme Court of the United States · 1997
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