Mullin v. Al Otro Lado · ¶73
Nonetheless, the District Court effectively gave Respondents all that they asked for in the form of nominally declaratory relief. Even after Aleman Gonzalez, the Ninth Circuit maintains that §1252(f )(1) allows “classwide declaratory relief.” Rodriguez v. Hayes, 591 F. 3d 1105, 1120 (2010); see also Al Otro Lado v. Executive Office for Immigration Re view, 138 F. 4th 1102, 1123–1124 (2025) (case below). So, the District Court issued a declaration that the Government’s metering policy was unlawful. As a source of authority for this relief, it invoked §706(1) of the Administrative Procedure Act (APA), which allows courts to “compel agency action unlawfully withheld or unreasonably delayed,” 5 U. S. C. §706(1) (emphasis added). See 619 F. Supp. 3d, at 1032, 1049. Citing §706(1) and the Ninth Circuit’s precedents authorizing declaratory relief, the District Court entered a judgment “that,…Read in context ›
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