60 results for 'nos:"Other Immigration Actions - Immigration"'.
J. Leon dismisses the visa applicant's suit seeking to compel adjudication of his application, which has been in administrative processing for 19 months. While two of the TRAC factors, used to determine whether such delays are reasonable, weigh slightly in the applicant's favor, they are not sufficient to overcome the other four. A motion to compel production of the administrative record is denied because the record is not necessary to decide the motion to dismiss.
Court: USDC District of Columbia, Judge: Leon, Filed On: September 16, 2024, Case #: 1:23cv3164, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Wilson grants the government's motion for summary judgment and denies a citizen of Thailand's motion for summary judgment in an immigration matter. The woman's I-130 visa petition for her first marriage was denied because she divorced before Citizenship and Immigration Services reviewed the petition. Her second petition, filed during her second marriage, was denied because it was determined that her first marriage "was entered into for the sole purpose of evading immigration laws."
Court: USDC Central District of California, Judge: Wilson, Filed On: August 30, 2024, Case #: 2:24cv176, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Cooper dismisses the visa applicants' suit seeking to compel action on their applications for EB-5 visas, which have seen no movement since February 2023. The applicants have not shown that this delay is unreasonable, with only two of the six TRAC factors, used to determine reasonability, leaning in their favor.
Court: USDC District of Columbia, Judge: Cooper, Filed On: August 27, 2024, Case #: 1:23cv1641, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Friedrich grants the immigration officials' motion to dismiss the visa applicants' suit seeking to compel adjudication of their applications, and denies the applicants' motion for reconsideration as moot. While the applicants' claims are reviewable, they have not established that an 11-month delay in processing their applications is unreasonable, with only two of the six TRAC factors, used to determine reasonability, weighing in their favor. A remaining claim under the Administrative Procedure Act fails because the visa adjudication procedure is not reviewable.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: August 26, 2024, Case #: 1:23cv3315, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Cooper grants the immigration officials' motion to dismiss the relative visa applicant's suit arguing that his application on behalf of his parents has been unreasonably delayed. The applicant has not established that he has a constitutionally protected interest in his parents' visas. He has also not established that the delay in visa processing is unreasonable, with two of the six TRAC factors used to determine reasonability favoring him, one factor neutral and four favoring reasonability.
Court: USDC District of Columbia, Judge: Cooper, Filed On: August 23, 2024, Case #: 1:23cv1947, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Walton grants immigration officials' motion to dismiss the visa applicants' suit seeking to compel action on their application, which has seen no action since April of 2023. Some of the officials are not proper defendants for the applicants' suit, and their claim fails on its merits because none of the TRAC factors, used to determine whether such delays are reasonable, tilt in the applicants' favor.
Court: USDC District of Columbia, Judge: Walton, Filed On: August 23, 2024, Case #: 1:23cv1914, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Nachmanoff grants the wife's motion for summary judgment. The wife of a Pakistani immigrant facing immigration fraud charges for lying about his identity submitted numerous documents, including a marriage certificate, to prove they were married. The immigration service denied her petition because of his previous misrepresentations about his name. Under Virginia law, where the marriage took place, a certificate is valid even if there are minor technical defects in the marriage license.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: August 23, 2024, Case #: 1:23cv1437, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration, Agency
J. Reyes dismisses the visa applicant's suit seeking to compel action on her application, on which immigration officials have taken no action since December 2022. The applicant has not shown that this delay is unreasonable, with three of six of the factors for determining reasonability favoring dismissal, one neutral and two only slightly favoring unreasonability.
Court: USDC District of Columbia, Judge: Reyes, Filed On: August 22, 2024, Case #: 1:23cv2754, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Mehta grants the immigration officials' motion to dismiss the nonimmigrant worker visa applicant's suit seeking to compel action on his application, which has been in administrative processing for slightly over a year. None of the six TRAC factors, used to determine whether delays in such administrative actions are reasonable, favor the applicant. A claim for unlawfully-withheld agency action and Mandamus Act claims also fail, since the former covers the same ground as the unreasonable-delay claim and the Administrative Procedures Act provides a remedy for the applicant's alleged injuries that renders mandamus unnecessary.
Court: USDC District of Columbia, Judge: Mehta, Filed On: August 20, 2024, Case #: 1:23cv3292, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Contreras grants the immigration officials' motion to dismiss the visa applicant's suit seeking to compel action on her application, which has been in administrative processing for approximately 21 months. The applicant has not demonstrated that the delay was unreasonable; while factors regarding the harm she would suffer from separation from her fiance favor her, the other four TRAC factors, used to determine reasonability, do not.
Court: USDC District of Columbia, Judge: Contreras, Filed On: August 15, 2024, Case #: 1:23cv1953, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. AliKhan dismisses the visa applicant's suit seeking to compel action on his application for renewal, which has been in administrative processing for approximately 15 months. None of the six TRAC factors, used to determine whether such delays are reasonable, favor the applicant.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: August 15, 2024, Case #: 1:23cv2268, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. AliKhan declines to dismiss a suit arguing that the Department of Homeland Security denied a visa applicant due process when it determined that she had obtained a visa by willfully misrepresenting a material fact. The applicant has a legally protected interest at stake, since with a career, husband and son in the United States, she has sufficient "substantial connections" to grant her standing for a constitutional claim. She has also alleged a concrete harm, namely to her reputation, stemming from the finding, and the decision is reviewable.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: August 15, 2024, Case #: 1:23cv2453, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration, Due Process
J. Leon dismisses the visa applicant's suit seeking adjudication of his application, which has been pending for approximately 20 months. None of the TRAC factors, used to determine whether such delays are reasonable, favor the applicant.
Court: USDC District of Columbia, Judge: Leon, Filed On: August 12, 2024, Case #: 1:23cv1182, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Bates grants the State Department's motion to dismiss the visa applicant's suit seeking to compel adjudication of her application, which has been in administrative processing for approximately 19 months. The State Department's motion does not require consideration of the administrative record, so its failure to provide the record is not fatal to its dismissal motion. Its reliance on what it understood to be the correct date of service was also a sufficient excuse for filing its motion to dismiss a day late. While the applicant's claims are reviewable, four of the six TRAC factors used to determine whether such delays are reasonable weigh against the applicant.
Court: USDC District of Columbia, Judge: Bates, Filed On: August 8, 2024, Case #: 1:23cv2840, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Civil Procedure, Immigration
J. AliKhan dismisses the visa applicant's suit seeking to compel action on his application on behalf of his mother, first filed in late 2022. None of the six "TRAC" factors, used to determine whether delays of such applications are unreasonable, weigh in the applicant's favor.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: August 2, 2024, Case #: 1:23cv1766, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Reyes dismisses the visa applicants' suit seeking to compel action on their applications, which have been in administrative processing since 2022. None of the six "TRAC" factors, used to determine whether delays are unreasonable, weigh in favor of the applicants. A motion to compel production of an administrative record is denied, since it is unnecessary to decide any legal questions in this case.
Court: USDC District of Columbia, Judge: Reyes, Filed On: August 2, 2024, Case #: 1:23cv1477, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Slaughter finds in favor of the government regarding a citizen's allegations of unreasonable delay in a matter in which his petition for alien relative for his parents was approved, they were interviewed by the U.S. Embassy over a year ago, but have not received a final adjudication on their visa applications. Agencies are required to conclude matters “within a reasonable time,” and the court does not find the fourteen-month delay to be unreasonable.
Court: USDC Central District of California, Judge: Slaughter, Filed On: August 1, 2024, Case #: 8:24cv175, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Kollar-Kotelly dismisses the father and son's suit seeking to compel action on the father's visa application, which has been in administrative processing for just under two years. Three of six factors used to determine whether such delays are unreasonable weigh in favor of reasonability, and one is neutral. The father and son have, therefore, failed to sufficiently allege unreasonable delay.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: August 1, 2024, Case #: 1:23cv3150, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Contreras dismisses the visa applicants' suit seeking to compel action on their applications that have been in administrative processing for approximately 26 months. The applicants have not plausibly claimed that this delay was unreasonable, with five of six TRAC factors, used to determine reasonability in unreasonable-delay claims, weighing in favor of reasonability.
Court: USDC District of Columbia, Judge: Contreras, Filed On: July 29, 2024, Case #: 1:23cv3382, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Kelly dismisses the visa applicant's suit seeking to compel action on his application, which has been in "administrative processing" for seven months. The applicant lacks standing to sue the Secretary of State, having failed to plead an injury traceable to him, but not the Deputy Chief of Mission in Kazakhstan. He has, however, failed to state a claim for unreasonable delay.
Court: USDC District of Columbia, Judge: Kelly, Filed On: July 11, 2024, Case #: 1:23cv3433, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration