22 results for 'cat:"Administrative Law" AND cat:"Immigration"'.
J. Peterson grants the U.S. government officials' motion to dismiss the husband and wife's lawsuit asking the court to compel the officials to finish adjudicating a family-based visa petition conditionally approved in 2022 for the wife, who is a citizen of Uganda. Given controlling case law, the husband and wife have not proven their 18-month wait for a consular interview is unreasonable, in part due to evidence in the record of backlogs caused by the Covid-19 pandemic.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 1, 2024, Case #: 3:23cv520, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, immigration, Covid-19
J. Tipton shoots down 21 states’ challenge to the Department of Homeland Security’s parole program that grants a “pathway for parole” in the U.S. to up to 360,000 nationals from Cuba, Haiti, Nicaragua and Venezuela each year, finding they lack standing.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: March 8, 2024, Case #: 6:23cv7, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, immigration
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Per curiam, the circuit denies the Honduran national's petition for review. After the Board of Immigration Appeals affirmed the denial of his application for asylum, the immigrant sought to apply for adjustment of status based on his marriage to a U.S. citizen. Though the immigrant demonstrated a credible fear of persecution or torture if returned to Honduras, and was paroled for temporary entry, he was ordered removed for seeking entry without valid documents. He has not demonstrated eligibility for an adjustment of status since, as conceded, he is inadmissible.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-60022, Categories: administrative Law, immigration, International Law
J. Tunheim denies the immigration officials' motion to dismiss the Ethiopian refugee's suit seeking action on his seven-year-old petitions for derivative refugee status for his wife and sons. Approval of those petitions a month after the filing of this action did not render the refugee's claims moot, since while that approval made the Department of State, rather than the Department of Homeland Security, responsible for the refugee's case, the immigration officials retain jurisdiction over his claims until either his petition is denied or travel authorization is issued. The seven-year delay is therefore sufficient to state an unreasonable-delay claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv902, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, immigration
J. Richardson grants the government officials' dismissal motion in this immigration action without prejudice based on a lack of jurisdiction. The petitioner seeks a decision on his waiver application, which has allegedly been pending for over two years. However, the majority of the courts have found "that judicial review is precluded."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: February 5, 2024, Case #: 3:23cv527, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, immigration, Jurisdiction
J. Fowlkes dismisses the asylum seeker's lawsuit against the U.S. Citizenship and Immigration Services alleging violations of the Immigration and Nationality Act, as well as the Administrative Procedure Act, after he applied for asylum in 2019 and has yet to receive an interview. The court has jurisdiction over the APA claim and determines that the delay in processing his application, though "significant," is not unreasonable.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: December 14, 2023, Case #: 2:23cv2329, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, immigration
J. Blackwell dismisses the permanent residency applicant and her husband's suit seeking to overturn the denial of their application. The District of Minnesota lacks subject-matter jurisdiction to review the denial, and while the husband has standing on the couple's remaining claims, and the Board of Immigration Appeals erred in finding that the husband's 2010 sex-offense and failure-to-register conviction was a "specified crime against a minor," that error was not prejudicial since the circumstances that the couple have alleged disprove "predatory intent" required for such a finding are insufficient to show prejudice. Due process claims are also not adequately pleaded.
Court: USDC Minnesota, Judge: Blackwell, Filed On: September 18, 2023, Case #: 0:22cv1698, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, immigration
J. Tigar grants summary judgment to the asylum-support organizations in their suit seeking to overturn a rule which applies a presumption of asylum ineligibility to noncitizens who travel through a country other than their home country before entering the United States from Mexico. The rule is contrary to law because its presumption is based on criteria that Congress expressly intended should not affect access to asylum when passing the relevant law. It is also arbitrary and capricious, since it relies on the availability of other pathways for migration to the United States and explains the scope of its exceptions by reference to the availability of other, often unavailable exceptions.
Court: USDC Northern District of California, Judge: Tigar, Filed On: July 25, 2023, Case #: 4:18cv6810, NOS: Other Immigration Actions - Immigration, Categories: administrative Law, immigration
J. Gettleman grants the U.S. Immigration Service’s motion for summary judgment on six civil rights claims brought by a group of tax-exempt religious institutions, while denying the religious institutions’ motion for summary judgment on the same claims. U.S. immigration law since 1991 has forbidden foreign-born religious workers from applying for their green cards concurrently with their employers filing paperwork to confirm them as religious workers. Other categories of foreign workers can file for green cards at the same time as their employers file the corresponding paperwork. The religious institutions claim the discrepancy infringes on religious freedom protections by placing undue time constraints on foreign-born ministers’ visas, and risking interruption of the religious services they provide. The court rejects this argument for a number of reasons, including by denying that plaintiffs have been substantially burdened by the ban on concurrent filing, and by arguing that visa pressure does not prohibit foreign-born ministers from expressing their faith.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: July 20, 2023, Case #: 1:21cv3650, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, immigration, First Amendment
J. Swope holds that the Superintendent of Public Instruction was within his authority to adopt regulations for the regional parent advisory councils that were created to fulfill the requirements of the Migration Education Program. But he failed to follow notice requirements when he prohibited council members from using alternates.
Court: California Courts Of Appeal, Judge: Swope, Filed On: July 14, 2023, Case #: A162648, Categories: administrative Law, Education, immigration
J. Katsas upholds the district court's finding for the Department of Homeland Security on a trade association's challenge to a change in guidance that requires employers to amend paperwork for H-1B visa-based employees who change their place of employment. Although the association has Article III standing, it fails to show the agency lacks the authority to make this change. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: June 27, 2023, Case #: 22-5074 , Categories: administrative Law, Employment, immigration
J. Joseph grants the government agencies' and officials' motion to dismiss a lawsuit from a Mexican citizen challenging the denial of her application for employment authorization subsequent to the denial of her application for adjustment of status and her widow petition after the death of her husband, a U.S. citizen, in 2014. The Mexican citizen's complaint must be dismissed because no subject matter jurisdiction is conferred to review or decide her claim under the Administrative Procedures Act or the Declaratory Judgment Act.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: May 31, 2023, Case #: 2:22cv1535, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, immigration, Attorney Fees