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· 11/22/1985

Milewski v. Commonwealth

Citations

  • 93 Pa. Commw. 120
  • 500 A.2d 1261
  • 1985 Pa. Commw. LEXIS 1393

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Section 1252(f)(1) does not bar vacatur because “a vacatur does nothing but re-establish the status quo absent the unlawful agency action[,]” and “vacatur neither compels nor restrains further agency decision-making”
  • challenging Department of Homeland Security memoranda that established specific agency-wide procedures and created immediate measurable effects on immigration enforcement
  • drawing a connection between “an increase in the number of aliens” and increased “education costs”
  • stating that the arbitrary-and-capricious standard “has serious bite”
  • “Apart from the constitutional or statutory basis on which [a] court invalidate[s] an agency action, vacatur neither compels nor restrains further agency decision-making.”
  • “There are meaningful differences between an injunction, which is a drastic and extraordinary remedy, and vacatur, which is a less drastic remedy.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Babbieri, Barbieri, Doyle, MacPhail, MacPhaxl

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.