Justice Department files cert petition seeking review of Fifth Circuit immigration ruling

|The Volokh Conspiracy |

The petition is here, and it seeks review of the Fifth Circuit's divided decision from Nov. 9 upholding the preliminary injunction, pending trial, that blocked implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA).

I'm not an immigration law expert, but when I read the Fifth Circuit's decision, it didn't read like a bulletproof opinion. Given the significance of the issue and the 2-1 ideological divide in the decision, I suspect that the Court will—and should—grant cert.